SHANKAR CHANDRA DEB Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India praying for quashing and setting aside the order dated 26.10.2009 of the Central Administrative Tribunal, Guwahati Bench, passed in O.A No. 124 of 2008 and the order dated 03.02.2010 of the same Tribunal passed in R.A No. 01 of 2010, the order bearing No. 1015/SCD/52/E1CON, dated 02.11.2002 (Annexure- 10), posting/transfer order No. 1142/1285/E1C, dated 14.04.2003 (Annexure-12), movement order dated 05.05.2003 (Anexure-13), charge sheet No. 77551/28/GE(I) (P)TEL/ 49/EI Con, dated 15.10.2003, (Annexure-16), inquiry report forwarded vide memorandum No. 77551/28/103/EI Con, dated 24.05.2004 (Annexure-18), the order No. 131205/302/221/Engrs/E1 Con, dated 31.01.2006 (Annexure-20) imposing penalty of compulsory retirement upon the writ petitioner and the appellate order bearing No. 78655/1379/2006/E 1D, dated 16.08.2007, (Anneure-22), and praying for issuance of appropriate writ or direction directing the respondents to re-instate the petitioner in service with all consequential service benefits.

(2.) The brief facts of the case are stated as follows;

(3.) Thereafter, the representation of the petitioner was considered by the competent authority on 02.11.2002 but the request of the petitioner was not granted. However, he was directed to re-join duty at HQ 137 Works Engineering C/O 99 APO. In the meantime, the respondents filed a writ petition against the order of the Tribunal and the same was registered as W.P.(C) No. 6520/2000. The writ petition was dismissed vide order dated 01.12.2000. Not satisfied, the respondents filed a SLP before the Hon ble Supreme Court which was numbered as 9017/2001. On 07.01.2002, the same was also dismissed. Pursuant to the order dated 02.11.2002, the petitioner reported for duty at HQ 137 Works Engineering C/O/99APO on 06.11.2002. But soon thereafter, vide order dated 08.11.2002, he was once again transferred to GE (P) (1) Teliamura. However, the same order was cancelled on 13.12.2002. But on 14.04.2003 the transfer order was once again revived. Since then the fight between the petitioner and the respondent started. The petitioner did not go and join his place of posting at Teliamura Tripura as per the transfer order, therefore, he was charged under memorandum dated 15.10.2003 alleging disobedience and insubordination. The petitioner did not participate in the disciplinary proceeding, therefore, enquiry was conducted exparte and after report of the same was submitted, he was given compulsory retirement vide order No. 131205/3021/221/Engrs/EIC OM dated 31.1.06 issued by the CE Headquarter Eastern Command, Fort William, Calcutta. The same is reproduced herein below:-