KUNDAL LAL Vs. INDIAN RED CROSS SOCIETY

JUDGEMENT

(1.) In this Writ Petition it has been prayed that the Order dated 24.6.2002 imposing punishment of forfeiture of one increment with cumulative effect as well as the transfer of the Petitioner from the National Headquarters to Arakonam, Tamil Nadu be quashed; the Order dated 3.9.2000 terminating the services of the Petitioner be quashed and the Petitioner be reinstated with all consequential benefits.

(2.) The first incident which has been narrated in the petition and relied upon pertains to the Respondent's Memorandum dated 15.5.2002, bringing to the notice of the Petitioner that he had been 'arrogant and indecent', and 'rude and defiant' in his behaviour to his superior, Colonel A.S. Budhiraja. Thereafter, by Memorandum dated 30.5.2002 other alleged misconducts were brought within the scope of the Inquiry. In my view it would be superfluous to go into the details for the reason that the Petitioner has admitted all these charges, attributing his misbehaviour to mental strain due to domestic problems. He had expressed his regret and had requested that he be given another chance. The Letter/Order dated 24.6.2002 was passed in this background. Exercising leniency, it was decided to forfeit one increment with cumulative effect and his suspension was revoked. The Petitioner was simultaneously transferred and posted as a LDC to Arakonam Warehouse. He was further informed that his behaviour and performance would be watched closely at Arakonam Headquarters and that if there was any further recurrence of misconduct it would be viewed seriously and action would be taken against him. By letter dated 1.7.2002 the Petitioner had been directed to vacate the official accommodation within one month.

(3.) Mr. Shali, learned counsel for the Petitioner, has contended that the transfer was, therefore, obviously in the nature of a punishment; that a transfer is not a permissible punishment; and that this Order stood vitiated on the application of legal principle of double jeopardy.