SANTOSH KUMAR MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application is directed against the order dated 29. 06. 2001 passed by the Hon'ble Mr. Justice S. Narayan, Vice-chairman and Hon'ble Mr. L. R. K. Prasad, Member (Administration), Central Administrative Tribunal, Additional Bench, Calcutta in O. A. No. 1091 of 1993 whereby and whereunder the application filed by the writ; applicant had been dismissed.

(2.) The fact of the case in brief is that the writ applicant was appointed as lineman with external maintenance, 46 Exchange, Calcutta Telephones on 1.4.1971. He was pharge-sheeted on 19.11.1971 for committing gross misconduct by demanding a sum of Rs. 250/- only as an illegal gratification from Sri H. N. Ghosal for speedy installation of a telephone at his garden house at Dakshin Jagaddal, Rajpur, District South 24 Parganas. The writ applicant denied the charge. The enquiry officer submitted his report on 6.1.1979. Then the Disciplinary Authority passed the order of dismissal from service by his order dated 30.7.1979. The writ applicant preferred a writ petition before the High Court at Calcutta and the Hon'ble High Court at Calcutta quashed the order of dismissal with liberty to proceed with the enquiry in accordance with law. Accordingly, a fresh enquiry was held. But, no final order was passed owing to an interim order of the Hon'ble High Court, Calcutta. In the meantime, the case pending before the Hon'ble High Court at Calcutta was transferred to the Central Administrative Tribunal and the Tribunal asked the respondents to communicate the final order to the writ applicant in accordance with law. Then the Disciplinary Authority imposed the penalty of removal from service on 24.3.1992. The writ applicant filed an appeal before the Appellate Authority and then the Appellate Authority reduced the penalty of removal from service to compulsory retirement with effect from 27.3.1992. Being aggrieved by the order of the Disciplinary Authority as well as the Appellate Authority, the writ applicant preferred the instant O.A. case which was dismissed by the Central Administrative Tribunal by the impugned order. So the writ applicant has filed the present writ application.

(3.) Having considered the entire record and the submissions made by the learned Advocate for the writ applicant, we find that the writ applicant was appointed as lineman on 1.4.1971 and he was charge-sheeted on 19.11.1971 for demanding an illegal gratification of Rs. 250/- only from Sri H. N. Ghosal for speedy installation of a telephone at his garden house at Dakshin Jagaddal, Rajpur, District - South 24 Parganas on persuasion and negotiation by Sri Mihir Kumar Ghosh, Engineering Supervisor attached to Narendrapur Exchange. We find that the Departmental Proceedings had been conducted according to the provisions of the C.C.S. (C.C.A.) Rules, 1965 and the principles of natural justice had been followed. The directions of the Hon'ble High Court, Calcutta had also been followed. Ultimately the Disciplinary Authority imposed the penalty of removal from service with immediate effect by the order dated 24. 3. 1992. We find that the writ applicant preferred an appeal before the Appellate Authority and then the Appellate Authority reduced the penalty of removal from service to compulsory retirement with effect from 27. 3.1992.