DHARESWAR DEKA Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) THE appellant-petitioner having unsuccessfully challenged the order dated 08. 05. 2008 and 17. 05. 2008 issued by the Asstt. Engineer (Bldg) BSNL and Sub-Divisional Engineer (Bldg) BSNL respectively, is in appeal being aggrieved by the order dated 04. 08. 2008 passed in W. P (C) No. 1956/2008.

(2.) WE have heard Mr. A. C. Buragohain, learned counsel for the petitioner and Mr. M. Das, learned Standing Counsel Bharat Sanchar Nigam Limited (for short hereafter referred to as the BSNL ).

(3.) THE appellant-petitioner, accordingly, when approached the respondent No. 6 to offer his apology, the latter declined to accept the same. It was, thereafter, that by the impugned order dated 08. 05. 2008 issued by the Asstt. Engineer (Bldg) BSNL, O/o. Chief General Manager Telecom, the petitioner was asked to shift his accommodation from Panbazar to Type-II/bi-III, Quarter No. 12 at Wireless Compound, Dispur, Guwahati. The petitioner submitted a representation against the said order contending, inter alia, that the step taken, was penal in nature and on the basis of the allegations made against him in complaint dated 25. 03. 2008 submitted before the General Manager, BSNL by All Assam Mohila Samannaya Parishad, Guwahati. By the order dated 17. 05. 2008, also impugned in the writ petition, the appellant-petitioner was communicated the factum of rejection of his representation and he was thereby required to shift to the new quarter, failing which the allotment was contemplated to be cancelled. By the said order, it was further clarified that the warning accorded to him was not a punishment as pleaded by him in his representation.