SINGHAL R K Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated November 18, 2006 passed by the learned single Judge dismissing writ Petition (C) No. 3835/2003.

(2.) PRIOR to 1978 the appellant was working as a Senior Laboratory Assistant in the department of Anthropology, University of delhi. By a resolution dated April 29, 1975 read with Office Order dated June 7, 1975 and notification dated September 27, 1975, the post of Storekeeper in the Science Department was abolished and posts of senior Technical assistants and Junior Lab Assistants were created in the Department of Physics, chemistry, Botany, Zoology and anthropology. In the Department of anthropology there was only one post of technical Assistant created by abolishing existing post of Storekeeper. Shri N. C. Jain, who was working as Technical Assistant in the said department, was promoted as Senior technical Assistant with effect from November11, 1976. The appellant was promoted as technical Assistant in the Department of anthropology with effect from March 16, 1978. Shri N. C. Jain handed over charge to the appellant on February 18, 1979.

(3.) ACCORDING to the appellant he was on leave from August 7, 1981 to September 16, 1981 on account of the illness of his wife and his son. According to the appellant, even while when he was on leave, the Head of the department of Anthropology issued a letter dated September 15, 1981 asking him to hand over charge of the store to Shri N. C. Jain with immediate effect. The appellant did not comply with this order. Instead, on September 7, 1981 he wrote to the Head of the Department of anthropology as under: Sir, Please refer your letter no. A/81/00/1402 dated September 2, 1981. I have to state as under: The Executive council in its meeting held on April 29, 1975 decided that the charge of the stores in anthropology Department shall remain with technical Assistant. Now, the above cited letter is in violation of E. C. decision. Secondly Sir, I was never handed over full charge of the stores by Mr. N. C. Jain (Ex-storekeeper) inspite of the written and verbal instructions and office order of the then Head of the Department. Thirdly, I am shocked that the order to hand over the charge of the store was sent to me when I am on leave due to illness of my son and wife. Fourthly, to hold the charge of the stores does not include in the duty of S. T. A. Anthropology. I was not allowed to function as store incharge and various obstacles were being created in my way of working in the past. Somuchso an enquiry was conducted by the Head of the department about the purchases and store record I have made in the Department and I was found honest whereas no enquiry has been held till now pertaining to the other purchase irregularities and store record etc. made earlier. Keeping in view of the above facts I request you sir, to kindly review your order in the light of e. C. decision. Thanking you, Yours faithfully, sd/- (R. K. Singhal)