KARUNA CHANDRA ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide an order dtd. 5/3/2009 issued by the Chief Engineer, BRTF by which the petitioner was removed from service is the subject matter of challenge. While the petitioner has prayed for intervention with the said order, a prayer was also made for a direction to provide all the past services benefit including the pensionary benefit and regularization of the pension.

(2.) The petitioner was initially appointed in the year, 1987 and was serving as GS-167942 X PNR of 1646 PNR Coy / 760 BRTF. It is the case of the petitioner that he had rendered dedicated service for almost 20 years. On 14/1/2007 he was transferred but immediately thereafter he suffered from some ailments for which he was not able to join his duty. Since, there was no intimation given to the authorities, a proceeding was initiated against him for overstay which had culminated in an order of "Removal from Service" dtd. 5/3/2009. The case of the petitioner is that the aforesaid proceeding was held ex parte whereby he was denied of the opportunity to defend himself for which grave prejudice has been suffered by him.

(3.) I have heard Shri A.R. Sikdar, learned counsel for the petitioner whereas the respondents are represented by Shri R.K.D. Choudhury, learned Assistant Solicitor General of India (in short, ASGI).