CHUNILAL KIMBOORAM BASSON Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner erstwhile Station Superintendent, retired on attaining the age of superannuation on 31.07.2003. The petitioner was serving at Matoda Railway Station, Bhavnagar. On 02.04.2001, the Matoda Railway Station was closed and sealed. The station was downgraded from 'B' Class to 'D' Class. By an order dated 05.04.2001, the petitioner was transferred from Matoda Railway Station to Arnej Railway Station. The petitioner, on 09.04.2001, objected to such transfer. Since the petitioner was not served with any relieving order, the petitioner on 16.04.2001, made a representation to post him at his name noted stations Bavla (VLA) or Dholka (DOK). On 23.11.2001, the petitioner was asked to resume at Arnej.

(2.) Mr. Gautam Joshi, learned advocate appearing on behalf of the petitioner submitted that orders dated 01.08.2003 and 03.09.2003 reducing the pay, by treating the period in question as leave without pay could have been passed, without a departmental inquiry. He further submitted that once, a memorandum of charge dated 05.07.2002 for the alleged unauthorized absence from 15.06.2001 to 17.12.2001 was withdrawn on 03.02.2003, it was open for the authorities to reduce the pay to Rs. 8900/- from Rs. 9100/- for the same allegation. Mr. Joshi has taken us through the impugned order dated 31.03.2014 of the Central Administrative Tribunal. He specifically invited our attention to paragraphs no. 19 and 20 of the order which read as under:

(3.) Mr. Mahesh Bariya, learned advocate who appears on behalf of the respondent is on a sick-note. He has consistently on the previous occasions remained absent, either on account of sick-notes or otherwise.