RAMKUMAR R. Vs. UNION OF INDIA

JUDGEMENT

(1.) THE OA has been filed challenging the following orders: -

(2.) THE following relief's have been sought in this OA: -

(3.) IN the counter reply filed by the respondents, it is stated that the applicant was transferred from New Delhi to Agartala Unit of the CBI with the approval of the Competent Authority vide order dated 06.07.2007. He was relieved on 10.07.2007 for reporting to Agartala Unit. Instead of joining Agartala Unit, the applicant filed OA No. 1194/2007, which was dismissed vide order dated 02.06.2009 but he was permitted to join duty at Agartala within the stipulated period of one month from the date of receipt of a copy of the order. Thereafter, applicant filed another OA No. 462/2009 for release of arrears of salary with interest @ 12% per annum w.e.f. 01.01.2007. This OA was also dismissed on 02.06.2009 without any direction since he had approached the Hon'ble High Court of Delhi in Writ Petition (C) No. 10200/2009 and the same was pending consideration. This Writ Petition was filed against the order dated 02.06.2009 in OA No. 1194/2007 with the prayer that the said order of the Tribunal be set aside, the transfer order dated 06.07.2009 be quashed, and he be treated on duty from 31.07.2007 till the date of his joining duty, and arrears of salary from 01.07.2009 be ordered to be released along with interest @ 12% p.a. The said Writ Petition was dismissed by the Hon'ble High Court. Despite the above orders of the Tribunal and the Hon'ble High Court and reminders issued after the aforenoted orders, the applicant neither reported for duty nor gave any intimation. Since the applicant was absenting from duty unauthorizedly, in terms of Rule 11 of the CCS (CCA) Rules, 1965, he was asked to explain the reasons as to why disciplinary action should not be initiated against him for such action and reminder was also issued, but neither any reply was received nor did he report for duty, send any intimation and thus remained unauthorisedly absent. The RDA for major penalty was initiated against him under Section 8 of Delhi Special Police Establishment (Subordinate Ranks) (Discipline & Appeal) Rules 1961 and charge sheet was issued on 24.03.2006 with three articles of charge. The inquiry proceedings were conducted. The IO found the charge against the applicant in Article -I not proved and the charges contained in Articles -II and III were found to be proved. The DA agreed with the findings of the IO and imposed the penalty of dismissal from service for the misconduct detailed in Articles -I and II of the charge sheet. Applicant filed an appeal on 01.09.2010 to the Appellate Authority and after following due process the appeal was dismissed on 10.05.2012.