NAVENDRA KUMAR Vs. MAHANAGAR TELEPHONE NIGAM LTD

JUDGEMENT

(1.) The appellant herein was initially an employee of the Indian Posts and Telegraph Department in the year 1967. He was promoted as Assistant Engineer (Group-B). In the meantime, the said Department was bifurcated and service of the appellant was placed with the Department of Telecommunications. While he was serving in the said Department, he was promoted to the post of Divisional Engineer in 1996 and was posted at Guwahati.

(2.) In 1998, when MTNL came into existence, appellant"s service was placed on deputation with MTNL and he was transferred to New Delhi. While he was working in MTNL, pursuant to a policy decision taken in the year 2000 deciding to absorb all the employees who have come on deputation to MTNL from the Department of Telecommunications, he exercised the option to be absorbed in MTNL and was absorbed accordingly with effect from 1st October, 2000 in terms of the Presidential order issued on 22nd March, 2004 From that date onwards the appellant became an employee of MTNL for all practical purposes.

(3.) The respondent MTNL issued five charge sheets dated 30th October, 2004, 31st October, 2004, 8th February, 2006 and 13th February, 2006, whereby departmental proceedings were sought to be initiated against the appellant under the provisions of the MTNL (Conduct, Discipline and Appeal) Rules, 1998(for short the Rules).