R.C. PATHAK Vs. C.A.T. ALLAHABAD

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner for quashing the judgment and order dated 07.09.2000 passed by the Central Administrative Tribunal dismissing the original application filed by him against the punishment order of compulsory retirement.

(2.) As per the case of the petitioner, he was appointed as Superintendent (Building/Road) Grade-II by the Chief Engineer, Central Command, Lucknow on 15.12.1964. Subsequently, he was promoted as Superintendent B/R Grade-I on the basis of the seniority by the Chief Engineer referring therein the Circular letter dated 22nd April, 1985 approved by the Engineer-In-Chief. The petitioner at the same time was also holding the post of Secretary, National Confederation of Central Government Employees as well as Vice President of Central Region of All India MES Civil Engineers Association (in short 'AIMCEA'). Being the office-bearer of the aforesaid organizations, he used to raise the issues relating to welfare of the members of these organizations. While posted at Bareilly Zone, he along with other members of the AIMCEA, submitted a memorandum to the Chief Engineer, Central Command, Lucknow regarding some problems on his arrival at Bareilly. As the petitioner was leading the delegation, therefore, the Chief Engineer, Bareilly Zone and Additional Chief Engineer, assuming it to be a complain against them, became highly annoyed and conspired against the petitioner pursuant to which he was placed under suspension vide order dated 06.07.1987 and later on served with three memorandums of charge sheets.

(3.) The first charge-sheet was issued by the Chief Engineer, Central Command, Lucknow on 07.08.1987 mentioning therein the charges of misconduct/mis-behaviour and collectively disrupting office functioning by leading the masses during office hours on 07.08.1987.