R C SEKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) AGGRIEVED by the orders passed by the 2nd respondent dated 2.7.2002, 3rd respondent dated 12.3.2002 and the 4th respondent dated 29.10.2001, the petitioner has filed the above writ petition to quash all those orders and issue a direction to the respondents to reinstate him immediately with backwages, seniority and all service benefits.

(2.) HEARD the learned counsel for the petitioner as well as the respondents.

(3.) IT is not in dispute that in the enquiry, it was found that no marriage was performed and the petitioner had not mentioned and referred to about his two sisters in the service records. Though the petitioner has offered explanation for his overstay for a period of 109 days, it is not in dispute that the same was considered by all the three authorities, viz., Disciplinary, Appellate and Revisional Authorities and rejected his explanation. IT is not in dispute that the petitioner had put in 13 years of service. Under such circumstances, he cannot plead ignorance about the Rules and Regulations and the procedure to be adopted. The orders also show that his past record of service is not satisfactory. IT shows that he overstayed for 361 days and 224 days apart from the present one, viz., 109 days. IT was rightly observed by the Revisional Authority that the petitioner's is not only habitual, but also cannot reform himself in spite of two penalties, viz., one major and one minor, awarded earlier. All these factual conclusion by three authorities cannot be ignored lightly. Though the learned counsel for the petitioner prayed for leniency in awarding punishment, in view of the fact that there was fair enquiry, he was offered adequate opportunity in the said enquiry and all his grievances were duly considered by three authorities, viz., Disciplinary, Appellate and Revisional Authorities and taking note of his past record of service, we are not inclined to accept the request of the petitioner. On the other hand, we are in agreement with the conclusion arrived by all the three authorities.