S D BIND Vs. UNION OF INDIA

JUDGEMENT

(1.) Calling in question tenability of an order dated 17th November 2006 (Annexure P-3) passed by the Central Administrative Tribunal, Jabalpur Bench in O.A. No. 857/2005 dismissing an application filed by the petitioner challenging an order of punishment imposed upon him vide Annexure P-1 on 26th August 2005; whereby, his pay was reduced by one stage for a period of one year with non-cumulative effect with a further direction that it shall not have any adverse effect on his pension, this appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005.

(2.) Facts in brief, which are relevant for deciding the controversy in question goes to show that the petitioner Shri S.D. Bind was working as Telecom District Manager and at the relevant time when the cause of action accrued in the year 2003, he was posted in District-Satna (M.P.). It seems that a notice inviting tender was issued by the office of Telecom District Manager, Satna for the purpose of laying of underground cable in the jurisdiction of Satna Telecom District. Various guidelines were circulated for issuance of the tender.

(3.) After the work was allotted, making allegation of violation of guidelines and irregularities in award of work a writ petition was filed before this Court being W.P. No. 2176/2002 - Kamlendra Singh v. B.S.N.L. and others. The matter was considered by the learned Single Judge of this Court and by a detailed order passed on 20th August 2002, vide Annexure P-4, the learned Single Bench found that various guidelines in the matter of award of contract was not followed. The officers of the BSNL have committed various illegalities and defaults and accordingly petition was allowed and it was directed that a cost of Rs.5000/- be recovered from the officer, viz., the present petitioner.