MADHUSUDAN PATHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) MADHUSUDAN Pathak had been selected for the post of Telecommunication Service by an examination held by the Union Public Service Commission in 1974 and was appointed as an Asst. Executive Engineer (Group A Service) in the civil wing on 16.2.1976 in the department of posts and Telecommunication, Ministry of Communication, as it then was, Government of India, New Delhi. Later on, on 7.7.1979 he was promoted to the position of an Executive Engineer on ad hoc basis and this promotion was regularized through the departmental promotion committee with effect from 5.12.1981. The episode as a consequence of which the petitioner was compulsorily retired from the services of Government of India relates to his posting at Bombay where he was transferred as an Executive Engineer in the office of Superintending Engineer, Postal, Bombay. The petitioner had joined the Bombay office on 26th October, 1990.

(2.) ON 12.4.1991 while the petitioner was proceeding from Bombay to his home town Patna, he was apprehended by the Central Bureau of Investigation at Victoria Terminus Railway station when it was found that he had in his possession a sum of Rs. 60,292/- as cash and a demand draft of Rs. 19,000/- in favour of his wife payable at Patna. This was the beginning of the departmental proceedings which ultimately terminated in compulsory retirement with an order dated 2.7.1997.

(3.) CONSEQUENT upon an order of compulsory retirement being passed on 2.7.1997 the petitioner filed a transfer application before the Central Administrative Tribunal, New Delhi for transfer of the proceedings from Bombay to Patna. The transfer was permitted by the Chairman of the Tribunal. CONSEQUENTly, the proceeding was registered as T.A. No. 1/2000 before the Central Administrative Tribunal, Patna.