UNION OF INDIA Vs. BIRENDER SINGH & ORS

JUDGEMENT

(1.) Present writ petition has been filed by petitioner under Articles 226/227 of the Constitution of India seeking a direction to quash and set aside the Order dated 6.4.2015 passed by Central Administrative Tribunal (hereinafter referred to as the "Tribunal") in O.A.No.4/2014 and the Order dated 29.6.2015 passed in RA No.147/2015.

(2.) The necessary facts, to be noticed for disposal of the present writ petition, are that the respondent herein was a Bungalow Khalasi also known as Telephone Attendant and Dak Khalasi. Having been found medically fit, on 16.1.2009 he was appointed to the aforestated post on temporary basis with Sh.Y.S. Chaudhary, Deputy Engineer (Survey), Northern-Railways, New Delhi (respondent no.4 in the O.A.). On 24.2.2012 the respondent fell ill. He informed Sh.Y.S. Chaudhary about his illness and could not attend the duties for a week. On 4.3.2012 when the respondent returned for duties with the medical certificate, he was not allowed by Sh.Y.S. Chaudhary to join his duties. A written request along with medical certificate/fitness certificate was also submitted by the respondent. Subsequently on 7.3.2012 Sh.Y.S. Chaudhary issued him a warning.

(3.) Counsel for the petitioner submits that there is an error apparent on the face of the impugned order passed by the Tribunal. Counsel submits that the Tribunal has failed to take into consideration that respondent was a Bungalow Khalasi with temporary status. The petitioner was well within its rights to disengage his services on the ground of unsatisfactory service. Counsel submits that in case the Tribunal had formed an opinion that enquiry was not conducted in a proper manner, the Tribunal should have remanded the matter back for fresh enquiry but the Tribunal has failed to do so.