UNION OF INDIA Vs. RAKESH MOHAN GUPTA

JUDGEMENT

(1.) The present writ petition has been filed seeking quashing of order dtd. 20/11/2017 (Annexure P-6) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal'), whereby the Original Application (OA) No.060/00737/2016 filed by Rakesh Mohan Gupta, has been allowed.

(2.) Union of India through Secretary to Government of India, Ministry of Home Affairs and The Director, Intelligence Bureau, (Ministry of Home Affairs), Government of India, are petitioners No. 1 and 2 respectively. Rakesh Mohan Gupta, Assistant Director, Subsidiary Intelligence Bureau (Ministry of Home Affairs), Government of India, Chandigarh; Mohan Lal, ACIO-II/G, Intelligence Bureau, (Ministry of Home Affairs), Government of India, New Delhi and Central Administrative Tribunal, Chandigarh, have been arrayed as respondents No. 1 to 3 respectively in the writ petition.

(3.) Mohan Lal, JIO-II/G (hereinafter referred to as 'the complainant') was attached with JD/J. He was posted to 'JA' Branch, within the group on April 05, 2007. Prior to his posting with 'JA' Branch, he was sanctioned leave from 9/4/2007 to 27/4/2007. He joined the 'JA' Branch on 5/4/2007 and proceeded on leave from 9/4/2007. Respondent No.1 sent a letter dtd. 9/4/2007 asking the complainant to join the duty immediately. The letter was not delivered. Another letter dtd. 27/4/2007 was issued advising him to join the duty and his pay was also stopped. The complainant submitted an application for extension of leave from 28/4/2007 to 25/5/2007. The same was denied due to work pressure and non-availability of any other working hand in the Branch. The complainant's leave was sanctioned w.e.f. 20/5/2007 on medical ground. He finally joined duty on 23/9/2007. His absence was regularised by granting leave admissible except for the period from 28/4/2007 to 19/5/2007 and the same was treated as dies-non.