MD AYUB HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. A. M. Mazumdar, learned counsel appearing on behalf of the petitioner and Mr. K. P. Sarma, learned counsel appearing on behalf of the respondents.

(2.) BRIEF facts leading to the filing of this writ petition are as follows: the petitioner was appointed as a Junior Engineer (Civil) Grade II of the North Eastern Electric Power Corporation (in short NEEPCO ). vide ah order dated 8-4 88 and he joined his place of posting, the office of the Executive Engineer at Doyang Hydro Electric Project (in short DHEP), Wokha. Nugaland on 27-4-88. On 15-11-90, he filed an application to the concerned authority of the Corporation praying for transferring him from DHEP to some other place on the ground that while working there, there was risk of his life because of lack of security. In the said application, he cited instances of assault and threat made by a local contractor. Thereafter, he was posted as a Junior Engineer (Civil) Grade-1 on in-charge basis at Kopili Hydro Electric Project (in short KHEP), Umrangso, vide office order No. 1912 dated 14-3-91, issued by the concerned authority. The petitioner joined his new posting on 25-4-91. On getting information through WT Messages about the need of his reporting to the Senior Personnel Officer, DHEP, the petitioner went to Doyang on 5-6-91 and he learnt about police case having been registered as against him. The said case was one registered on the basis of a written report/complaint Made by the then Security Officer. DHEP in respect of theft of fencing post and the petitioner was kept in custody for a period more than 48 hours starting from 20-6-91 in connection with investigation of the criminal case. On 6-7-91, the petitioner submitted a representation to the respondent No. 2 narrating his bad experiences at Doyang and praying for justice. However, the petitioner was suspended from his service with effect from 20-6-91, vide order No. 49 dated 11-10-91, issued under memo No. KHP/ SE (C)/g-10/91-92/2105 dated 11-10-91. On 11-10-91 itself, the petitioner submitted his joining report to the SE (C ). Civil Maintenance Circle, KHEP, Umrangso. NEEPCO Ltd. stating to the effect that he could not join earlier because of intensive medical treatment he had to undergo. starting from 23-6-91 in connection with tortures, which had been subjected to him by Senior Security Officer of DHEP and police before handing him over to police in connection with the criminal case. The joining report of the petitioner was returned to him on the same day i. e. 11-10-91 by the SE (C) as the same was not found in order for want of necessary medical fitness certificate. Thereafter, the petitioner submitted a representation to the respondent No. 2 on 1-1-92 tendering his resignation from service stating about his suffering and unwillingness to work for the Corporation any further and praying for allowing to get all his dues and entitlement. On 12-2-91, the petitioner submitted a reminder to the concerned authority regarding his resignation and praying in effect for expediting the matter. The criminal case being Wokha PS Case No. 4 (4)/ 91 under section 380 IPC with reference to GR No. 34/91, pending as against the petitioner, was closed on the ground of insufficiency of evidence as against him vide order dated 22-7-93, passed by SDM, Wokha. On 17-4-01, the petitioner submitted an application to the respondent No. 2 withdrawing his resignation letter, which he had submitted on 1-1-92, before it's acceptance by the competent authority. On 18-4-01, the petitioner submitted his joining report to the senior Manager (C), Civil Construction and Maintenance Circle, KHEP NEEPCO Ltd. and the same was forwarded by the Senior Manager (C) on 2-5-01 to the competent authority alongwith connected papers. On 21-11-01, the petitioner submitted a reminder to the Executive Director, Personnel and Administration, NEEPCO Ltd. Shillong stating all the essential facts and praying for allowing him to join and get all his dues. Thereafter, on 27-2-02, the Senior Manager (Panda ). KHEP, Umrangso, Issued an office order being No. 1847/02 bearing No. NEEPCO, KHEP/panda/pf-893/ 02 stating to the effect that consequent upon disposal of the criminal case as against the petitioner, the Chairman and Managing. 1 Director, NEEPCO Ltd. Shillong had accorded approval towards acceptance of the resignation of the petitioner with effect from 1-1-92 and that the suspension order as against the petitioner was thereby revoked. On 27-5-02, Assistant Manager (P) KHEP, Umrangso forwarded forms for monthly pension under Pension Scheme, 1995 to the petitioner for submission after doing the needful.

(3.) THIS writ petition has been filed alleging illegalities and irregularities committed by the respondents in not allowing the petitioner to join to his service, in suspending him from his service, in accepting the resignation of the petitioner after about 10 years of submission of the prayer for resignation by the petitioner without considering the withdrawal of the prayer for resignation before its acceptance and in issuing the pension paper on the assumption of the petitioner having been resigned from his service. The petitioner is praying for quashing the said order dated 27-2-02, wherein the fact of according approval towards acceptance of his resignation was stated and the said letter dated 27-5-02, through which pension form was Issued to him. According to the petitioner, he was never Informed about his suspension and he was never paid his subsistence allowance. Further according to him, the acceptance of resignation was made after 10 years without considering his withdrawal and also without giving any opportunity of being heard.