BHAGWAN DEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present Original Application is preferred by the applicant under Section 19 of the AT Act, with the following reliefs: -

(2.) THE learned Counsel appearing on behalf of the respondents have filed their reply and through reply, it was pointed out by the respondents that the impugned order does not suffer from any illegality and it is a reasoned and speaking order and there is no negligence or latches involved on the part of the respondents. It is also pointed out by the respondents that after the initial appointment of the applicant as Extra departmental Mail Peon Godhana on 13.10.1973, the applicant showed his in disciplined behavior and his nature was also becoming abusive and right from 1974 till 2004, there were number of complaints received by the respondents. The act of slackness in delivering the registered letter to some other person also taken as a grave misconduct and accordingly the respondents have passed the order of removal. It is also pointed out by the learned Counsel for the respondents that the applicant is habitual of absenting himself from duty without prior sanction of leave and without information to the higher officials of the Department and beating, abusing, mal functioning, misbehaving with the senior officers is the habit of the applicant and not only this, the applicant started flouting the instructions of the superiors as such, the respondents have taken a right decision in passing the order of removal against the applicant, Apart from this, it is also argued by the learned Counsel for the respondents that there is no illegality in conducting the disciplinary proceedings and passing the impugned order.

(3.) HEARD the learned Counsel for the parties and perused the records carefully.