KRISHNENDRA SINGH Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) The petitioner before this Court has filed this present petition under Article 227 of the Constitution of India being aggrieved by the order dated 26.02.2013 passed by the Central Administrative Tribunal in O.A. No.538/2010. The petitioner has also challenged the charge-sheet dated 20.10.2008 (Annexure-P/2), order of compulsory retirement of the petitioner dated 28.04.2009 and the order rejecting the appeal dated 19.05.2010. The petitioner has claimed reinstatement in services along with backwages.

(2.) The facts, as stated in the writ petition, reveal that the petitioner was an employee serving Bharat Sanchar Nigam Limited on the post of Senior Telecom Office Assistant and at that relevant point of time, where the alleged misconduct took place, he was the Circle Vice President of Bhartiya Telecom Employee Union, which is a Union affiliated to Bhartiya Mazdoor Sangh as well as to Public Sector Employees of National Confederation.

(3.) The petitioner has stated that on 08.09.2008, a memo was issued to the petitioner alleging unauthorized absence on 06.09.2008 and the petitioner protested in the matter and submitted a reply. It has been further contended that thereafter, charge-sheet was issued on 20.10.2008, he was placed under suspension on 06.01.2009 and finally, after proceeding ex parte against the petitioner, an order of compulsory retirement was passed on 28.04.2009. The petitioner did prefer an appeal and the same was dismissed on 19.05.2010, and thereafter, the Original Application was preferred and the same also suffered dismissal.