BHARAT SANCHAR NIGAM LIMITED AND OTHERS Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH, CHANDIGARH AND ANOTHERS

JUDGEMENT

(1.) Bharat Sanchar Nigam Limited (BSNL) and its authorities impugn the orders dated 29.7.2011 and 23.9.2011(Annexure P-3 and P-5, respectively) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, whereby the order dated 7.8.2003 (Annexure P-12), removing respondent No. 2 from service by dispensing with the enquiry and by invoking powers under 2 nd Proviso to Article 311 (2) of the Constitution read with Rule 19 (ii) of Central Civil Services (Classification, Control and Appeal) Rules, 1965 (for short 'the 1965 Rules') as well as the appellate order have been set aside and a direction has been issued to release the consequential monetary benefits.

(2.) The relevant facts may be noticed briefly. The second respondent joined as a Lineman in July, 1981 and was further promoted as Phone Mechanic. While the second respondent was posted in the Telephone Exchange at Jalal, District Bathinda, he is said to have started absenting from duty w.e.f. 29.2.2000 to 14.3.2000 and thereafter from 15.3.2000 to 30.9.2000. When he was absent from duty w.e.f. 6.11.2000 and had gone to his native village in Uttar Pradesh, the second respondent allegedly committed an offence punishable under Section 302 of the Indian Penal Code (IPC) on 14.3.2001. He was arrested on 21.3.2001 and remained in custody till he was released on bail on 16.7.2001 by the Additional Sessions Judge, Ambedkar Nagar, Uttar Pradesh. The second respondent thereafter is claimed to have resumed his duties in Telephone Exchange at Jalal, District Bathinda on 13.3.2002 though the petitionerDepartment disputes this fact. Since no salary was paid to the second respondent after his alleged joining of duty on 13.3.2002, he wrote a letter-cum-representation dated 3.6.2003 (Annexure P-10) to the General Manage Telegram Distt., BSNL, Bathinda which deserves to be reproduced in extenso:-

(3.) He submitted another representation for the release of salary on 12.6.2003 (Annexure P-11).