T.A. ABDUL AZEEZ Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was working as Assistant (Ele.) in Electrical Division in Mechanical Engineering Department of the Cochin Port Trust is aggrieved by the order removing him from service.

(2.) The case of the petitioner is that on 5.1.2015 the dock master directed him to meet him in connection with his application for nonrefundable advance from his General Provident Fund (GPF) account; accordingly he went there when he was harassed and humiliated by the dock master refusing to forward his application for GPF advance; the dock master asked him to bring his wife in order to sanction the advance, saying that the wives of other staff used to meet him; on account of the harassment and humiliation, he warned the dock master that he would make a complaint against him and thereupon the dock master shouted at him and openly declared that he would teach him a lesson, calling him a drunkard and drug addict. Immediately after the said incident on

(3.) The petitioner thereupon as per his letter dated 04.02.2015 requested the Chief Mechanical Engineer (CME) to furnish the Malayalam version of the memo of charges along with all the documents as he is not well versed in English language. As the Malayalam version was not furnished, he submitted Ext.P8 reply on 102.2015, stating that since the Malayalam translation was not provided to him he was compelled to submit the reply, based on the understanding he was given to, about the memo of charges. He stated that the copies of the documents were not made available to him for inspection on 11.2.2014 despite his request for the copies of the said documents. Denying the allegations against him, he stated that it was the dock master who insulted and shouted at him; he asked him to submit application when the amount in his GPF comes to Rs. 5 lakhs; he was humiliated saying that he was withdrawing amounts from GPF very often; the petitioner stated that he had submitted the application in connection with the marriage of his sister's daughter and when he explained the same the dock master asked him to bring his wife and thereafter he will pass the application; the dock master openly declared that the petitioner would be taught a lesson and that disciplinary action was initiated against him in that background. The petitioner again requested for the Malayalam translation of the memo of charges. As per Ext.P9 letter dated 22.2.2015 the C.M.E rejected his request for Malayalam translation stating that the entire correspondence with the petitioner and the respondents was in English ever since his entry in service; his application dated 06.05.1998 requesting to include the names of his wife and son in the service documents, his undertaking dated 17.04.2014 with respect to the promotional avenues, his application for GPF advance submitted on 11.12.2014 and all other communications in the service career of the petitioner right from his appointment were done in English. Ext.P9 contains the application of the petitioner for a sum of Rs. 9,000.00 as advance from P.F account.