A FRANCIS Vs. CHIEF ADMINISTRATIVE OFFICER

JUDGEMENT

(1.) HEARD the arguments of Mr. C.K.M. Appaji, learned counsel appearing for the petitioner and Mr. T.S. Sivagnanam, learned Additional Central Government Standing Counsel representing the respondents 1 to 3 and have perused the records.

(2.) THE petitioner filed the Original Application before the Central Administrative Tribunal being O.A. No. 345 of 2002 seeking to set aside the order of the first respondent dated 31.01.1997 imposing a penalty of removal from service, which was confirmed by the order of the second respondent dated 27.6.1997 and the revision was also dismissed by the third respondent vide order dated 04.9.2001. The petitioner was employed as a Tradesman in the Indira Gandhi Centre for Atomic Research [for short, 'IGCAR'] coming under the Department of Atomic Energy and by an order dated 31.01.1997, he was removed from service for unauthorised absence. The petitioner was charge -sheeted by a charge -memo dated 14.02.1996 in which it was stated that he was absent from duty without prior approval from 27.4.1995. Inspite of a registered letter having been sent to him on 28.6.1995, he did not report for duty and he was further informed to report for duty immediately. Thereafter, the petitioner sent a letter requesting grant of leave on medical grounds from 27.4.1995 to 25.8.1995 for 121 days which was not considered. An enquiry was held by the Administrative Officer wherein the petitioner admitted the articles of charge levelled against him. The copy of the enquiry report was furnished to him. But even against that, the petitioner did not send any representation. It was thereafter, the punishment of removal from service was ordered by the authorities on the ground that the unauthorised absence from duty is a serious offence and calls for severe punishment. The petitioner's appeal dated 25.3.1997 was rejected by the appellate authority by his order dated 27.6.1997 and review petition filed by him was also rejected by the Reviewing Authority, viz., the President of India, by order dated 02.9.2001.

(3.) WE are informed that the petitioner has been reinstated pursuant to the order of the Tribunal. It is only against the denial of backwages, the petitioner has filed the present writ petition.