JEETENDRA BAHADUR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By making this writ application, made under Article 126 of the Constitution of India, the petitioner, who, while serving as Executive Engineer, was awarded the penalty of censure, has put to challenge the order, dated 02.08.2010, passed, in Transfer Application No. 04 of 2009, by the learned Central Administrative Tribunal, Guwahati Bench, (hereinafter referred to as 'Tribunal'), whereby the petitioner's application, seeking to get set aside and quashed the order, dated 20.09.2005, imposing penalty of censure, and also the order, dated 18.06.2006, whereby, upon review, the penalty of censure was maintained by the authorities concerned. By this writ application, the petitioner has also sought for directions to be given to the respondents to consider the petitioner's claim for regularization of his promotion to the cadre of Executive Engineer (Civil) along with his batch-mates in terms of the order, dated 05.04.2005, with all consequential benefits. We have heard Mr. U.K. Nair, learned counsel for the petitioner, and Mr. D. Chakrabarti, learned Central Government counsel, appearing for the respondents.

(2.) While the petitioner was serving as Executive Engineer (Civil), Telecom Civil Division, Silchar, Assam Telecom Circle, BSNL, he was served with a memorandum, dated 11.06.2001, informing him that action, under Rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as 'CCS Rules'), had been proposed to be taken against him. The memorandum, so served on the petitioner, contained statement of imputations of misconduct or misbehavior, which, according to the disciplinary authority, warranted action against him in terms of Rule 16 of the CCS Rules.

(3.) The statement of imputation of misconduct or misbehavior, served on the petitioner along with the memorandum aforementioned, read as under: