INDIAN COUNCIL OF AGRICULTURAL RESEARCH Vs. ABRAHAM

JUDGEMENT

(1.) The applicant in O.A. No. 593 of 2004 before the Central Administrative Tribunal, Ernakulam Bench is the writ petitioner. The respondent herein were the respondents in that Original Application. Challenging Ext. P6 order of the Tribunal in the said Original Application, this Writ Petition is filed.

(2.) The brief facts of the case are the following. The petitioner joined the service of the Indian Council of Agricultural Research (in short "the I.C.A.R.") as Land Surveyor and Head Draughtsman in 1958. In 1975, he was granted leave for two years to go to Oman. On the expiry of the leave period, the petitioner requested for extension of leave. But, there was no response. Though, the respondents claimed that they have issued letters to the petitioner to re-join duty, in his last known address, no such letters are available in the files. Finally, the petitioner was informed by communication dated 23-9-1981 that his services were terminated with effect from 25-11-1980.

(3.) Challenging the said order, he filed a Writ petition before the Rajasthan High Court. The said writ petition was later transferred to the Jodpur Bench of the Central Administrative Tribunal as T.A. 17 of 1989. The said petition was allowed by the Tribunal by order dated 22-10-1992 quashing the termination order, with liberty to the respondents to take appropriate action in accordance with law. Later, an enquiry was held into the charge of unauthorised absence against the petitioner. The Enquiry Officer found that the charges were partly proved. Accepting the report, the Disciplinary Authority, by order dated 2-8-1996, dismissed the petitioner from service. He challenged the said order before the Principal Bench of the Central Administrative Tribunal by filing O.A. No. 1832 of 1997. During the pendency of the Original Application, he reached the age of superannuation on 31-1-1998. The Original Application was allowed by the Tribunal by order dated 7-8-2000, setting aside the dismissal order and remitting the matter to the Disciplinary Authority, to takes fresh decision in the matter. Thereafter, he was served with a show cause notice, along with a copy of the enquiry report, on 7-4-2001, calling upon him to furnish his objections to the enquiry report.