SUKHJINDER SINGH Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner against order dated 4.3.2016 (Annexure P12) passed in OA No. 592/CH of 2013 by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short, 'the Tribunal').

(2.) The brief facts necessary for the adjudication of the case are that the petitioner was working as Inspector with respondent no.4. He had applied for grant of earned leave from 19.5.2009 to 17.7.2009 to visit USA and Canada. It was sanctioned by the competent authority. He had to come back to join duty on 20.7.2009. However, he submitted an application for extension of earned leave by another two months with effect from 20.7.2009 to 20.9.2009. Vide communication dated 6.9.2009, he was asked to submit application in proper proforma supported by medical certificate or resume duty immediately, failing which disciplinary proceedings would be initiated against him. He came back and submitted his joining report on 24.1.2012, before Additional Commissioner of Central Excise. However, the fact of the matter is that he was dismissed from service vide impugned order dated 24.1.2012 (Annexure P9). The appeal preferred by the petitioner against the imposition of punishment was also dismissed by the appellate authority vide order dated 25.3.2013 (Annexure P11). It is in these circumstances that the petitioner filed the Original Application before the Tribunal.

(3.) It would be pertinent to mention here at this stage that the petitioner was served with a memorandum dated 25.5.2011 (Annexure P13). The petitioner was dismissed from service by resorting to proceedings under Rule 19 (ii) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter to be referred as, 'the 1965 Rules'). The gist of charge-sheet dated 25.5.2011, which was issued under Rule 14 of the 1965 Rules, was that the petitioner remained on unauthorised leave from 18.7.2009 to 25.5.2011. The petitioner has placed on record copy of the charge-sheet.