SUNDER LAL Vs. KENDRIYA VIDYALAYA SANGATHAN

JUDGEMENT

(1.) BY this petition filed under Articles 226 & 227 of the Constitution of India, petitioner seeks to challenge the order dated 22.12.2011 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 15/2011.

(2.) MR . Ram Naresh Yadav, Advocate appearing on behalf of the petitioner submits that the petitioner was on leave from 17.5.1999 to 25.9.2000 and he was not allowed to join back his duties on 26.09.2000. The learned counsel for the petitioner also submits that the petitioner had been writing letters to the respondents raising protest for not permitting him to join back his duties, but the respondents have not responded to the request made by the petitioner. Counsel further submits that for the first time the petitioner had received a Memorandum dated 9.3.2009 informing him about his removal from service w.e.f. the date of his remaining absent from duties, i.e., 17.5.1999. Counsel further submits that the said order dated 9.3.2009 was challenged by the petitioner before the Appellate Authority but the Appellate Authority vide orders dated 24.12.2009 has also dismissed the appeal preferred by the petitioner on untenable grounds. The learned counsel for the petitioner further submits that vide fresh Memorandum dated 30.12.2010 issued by the respondents they had modified the order dated 9.3.2009 by treating the period of absence of the petitioner from service i.e. 17.5.1999 to 3.9.2000 as dies non for all purposes and termination to become effective from 4.9.2000.

(3.) THE main grievance raised by petitioner is that the respondent has taken more than ten years in taking a decision to remove the petitioner from service that too without serving any show cause notice upon him and also without taking into consideration the various letters/representations sent by the petitioner requesting the respondents to permit him to join back on his duties.