C. SELVATHURAIRAJ Vs. THE UNION OF INDIA

JUDGEMENT

(1.) THIS OA has been filed by C. Selvathurairaj, under Section 19 of the AT Act, 1985 to call for the records on the file of the 2nd Respondent in connection with the orders passed by him in his proceedings in Memo No. EBO/A/TFR/2006 -12/Col.II/87 dated 22.05.2014 hosted on the website of SSA Net BSNL Nagercoil and quash the same as illegal and without jurisdiction and pass such other order/orders as this Court may deem fit and proper. The case of the Applicant is as follows:

(2.) THE Applicant was initially appointed as regular Mazdoor on 01.04.1994 and promoted as Telephone Mechanic on 01.03.1999. He was posted as Telecom Mechanic in the present CDOT Exchange Kuzhithurai on 06.09.2001. He was transferred by the 3rd Respondent vide order dated 18.02.2013 (Annexure A/1) from C DOT MDF to C DOT Switch Room Kuzhithurai in order to accommodate one R. Mohanan Nair. This was prompted by the Applicant questioning the 3rd Respondent during a staff meeting held in January 2013 with regard to telephone subscriber complaint. Later the said order was deferred by the 3rd Respondent. Subsequently the 2nd Respondent passed order dated 27.05.2013 (Annexure A/2) transferring the Applicant from Kuzhithurai to Thiruvattar Telephone Exchange under the control of SDE (Groups) Kulasekaran at the instance of the 3rd Respondent but on the intervention of the GM BSNL, Nagercoil. The 3rd Respondent again issued an order dated 16.12.2013 (Annexure A/3) transferring him from SDE (MBM), Kuzhithurai to SDE (External) with the ulterior motive of accommodating the 4th Respondent in the place of the Applicant. Lastly the 2nd Respondent has issued the transfer order dated 22.05.2014 (Annexure A/7) in the website of BSNL to Karingal Exchange II under the control of SDE (Groups), Karingal. The Applicant has not received the transfer order and he has taken the printout from SSA Net of BSNL. The copy of the order was received by the Applicant on 06.06.2014 from his Counsel on the basis of which he had filed the instant OA challenging the transfer order dated 16.12.2013 and the consequential transfer order dated 22.05.2014 hosted in the website. The Applicant has been on medical leave for 20 days from 23.05.2014.

(3.) IN their reply, the Respondents have submitted that the Applicant came to be posted as Telephone Mechanic in the present CDOT Exchange Kuzhithurai on 06.09.2001 and right from then he has been working as Telephone Mechanic in the same CDOT Exchange Kuzhithurai, that is for nearly 13 years, against the seat tenure of only 4 years. The Applicant while working as Telecom Mechanic in Telephone Exchange, Kuzhithurai has invited several a series of criminal complaints which were investigated by the Vigilance Officer of the SSA on the direction of the Deputy General Manager (Vigilance) Tamil Nadu Circle and the misconduct on the part of the Applicant was proved. The Vigilance Officer concluded that the Applicant has to be transferred out of Kuzhithurai (Annexure R/2). The finding of the Vigilance Officer was that the Applicant had indulged in criminal activities in his duty hours by making use of the close proximity of his residence with his place of work to his advantage. The Junior Telecom Officer (JTO, in short), CDOT Exchange Kuzhithurai, the Controlling Officer of the Applicant has stated (Annexure R/3) that the Applicant had suppressed the fact of criminal cases and FIR filed against him in Palugal, Marthandam Police Station. The Divisional Engineer (Maintenance), Kuzhithurai has submitted a report vide letter dated 01.05.2014 (Annexure R/5) stating that the Applicant indulged in undesirable activities while on duty. The Applicant manhandled R. Vinu from Parakunnu for which a case was registered in Palugal Police Station. He attacked Thomas from Parakunnu causing him head injury for which a criminal case was registered in Palugal Police Station. A case was registered by Circle Vigilance based on the complaint from K. Kamalanantha Kumar regarding various criminal activities of the Applicant. The Applicant would take advantage on the plea of being on duty as his residence was close to his place of duty and indulge in criminal activities during duty hours by making use of his permissible relief in excess. A disciplinary case was being contemplated under the BSNL (CDA) Rules 2006.