SHABBIR SAYYED Vs. LD. DISTRICT & SESSIONS JUDGE

JUDGEMENT

(1.) This writ application under Article 226 of the Constitution of India, has been filed by the petitioner for quashing the Memorandum No. 6-2023/CRT/PB/CON dtd. 9/2/2023 for holding inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 against the petitioner in a departmental proceeding in relation to Memorandum No. 04- 2023/CRT/PB/CON dtd. 31/1/2023 issued by respondent No. 1, Learned District and Sessions Judge, Andaman and Nicobar Islands, Port Blair and also for direction upon Respondent no. 1 to treat the period of absence of petitioner from his place of posting as "Leave on Duty" and further for releasing remunerations, allowances etc. in favour of the petitioner.

(2.) The petitioner is a Lower Grade Clerk under Respondent no.1, Learned District and Sessions Judge, Andaman and Nicobar Islands, Port Blair and attached to the office of Respondent no.2, Learned Additional District and Sessions Judge, North and Middle Andaman District, Mayabunder. By dint of Office Order No. 7 dtd. 10/5/2021, the petitioner was deputed to proceed to Port Blair to hand over some urgent official files and letters and other miscellaneous works. In compliance to the aforesaid order, the petitioner reached Port Blair in the evening of 11/5/2021 and handed over files/dak to the Diary Sec. of Respondent No. 1, Learned District and Sessions Judge, Andaman and Nicobar Islands, Port Blair. By the aforesaid order, the petitioner was directed to return back to his station at Mayabunder on or before 17/5/2021. However, the petitioner failed to report back to the station at Mayabunder as per the direction contained in the Office Order No.7 dtd. 10/5/2021 and he joined on 28/6/2021.

(3.) On the ground of his deliberate absence from his place of posting, departmental proceedings is initiated against him for holding inquiry under Rule 14 of Central Civil Service (Classification, Control and Appeal) Rule, 1965 vide Memorandum No. 6-2023/CRT/PB/CON dtd. 9/2/2021. Being aggrieved by such departmental proceedings initiated at the instance of Respondent No. 1, the petitioner has preferred the present writ application for quashing of such proceeding and incidental reliefs.