MANJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant OA impugns the order of the respondents dated 20.03.2013 dismissing the applicant from service (Annexure A -1 page 19 of the paper book).

(2.) THE applicant has prayed for the following relief(s) :-

(3.) The facts of the case of the applicant, briefly stated, are that he was an employee of the Government of India working as Section Officer (Welfare) with the respondent Ministry. He was posted to the High Commission of India, Suva (Fiji Islands) vide transfer order dated 05.07.2006 (Annexure A-2). The applicant submits that the respondent Ministry permitted him to avail ex-India leave from 09th to 14th October, 2006 to be spent in Singapore, 14th to 17th October, 2006 to be spent in Wellington and 18th to 25th October, 2006 to be spent in Sydney, Australia. The respondent Ministry further permitted the applicant to take one Madu Sudan Bhargo, India -based domestic assistant, to his place of posting subject to the condition that he would have to arrange for the requisite visa/transit visa and work permit, if required under local laws, himself in respect of the domestic assistant, vide communication dated 03.11.2006 (Annexure A -3 page 24 of the paper book) under sanction from the President. On 04.12.2006, the applicant resumed duties in the Indian High Commission, Suva. On 26.02.2007, the applicant was noticed to furnish details/whereabouts of the domestic assistant with a reminder dated 05.03.2007. On 06.03.2007, the applicant submitted his reply stating that the domestic assistant Madu Sudan Bhargo had slipped away at Wellington, and that he tried his level best to search him out and was continuing with his search and would inform the authority as soon as he came to know about his whereabouts. The applicant was again directed vide communication dated 29.03.2007 to furnish point -wise response to the points contained therein on urgent basis. The applicant submitted his response to the aforesaid communication on 22.06.2007 stating that his domestic assistant Madu Sudan Bhargo was holding valid visas for New Zealand and Australia and had entered New Zealand with valid visa. When domestic assistant Madu Sudan Bhargo went missing from Wellington, the applicant thought that he would follow him as the onward flight from Sydney to Suva happened to be on 01.12.2006. When the applicant reported for duty, he informed one A.K. Sarkar, the then acting HOC, who, in turn, informed that the matter would be considered by the regular HOC on his return from home leave in January, 2007.