EQBAL RAJAK Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner Eqbal Rajak has filed the present petition challenging the order of the Central Administrative Tribunal dated 29 November 1996 on registration of case no. O.A. 153 of 1995 : Eqbal Rajak V/s. Union of India and others.

(2.) THE petitioner was appointed as a washerman on 25 September 1971 at the Bihar Regimental Centre, Danapur. Subsequently, he was declared surplus as a washerman but the military was kind to him and retained his services by posting him to the Military Dental Hospital, Namkum, Ranchi w.e.f. 1 June 1972 on the post of messenger. Thereafter, he was brought back on transfer to Station Headquarters, Danapur w.e.f. 12 May 1978. The facts are best re -produced in the counter affidavit of the Union of India to which the petitioner has not had the courage to reply by a rejoinder affidavit. In paragraph -4 of the petition the petitioner has taken legal grounds that the respondents have taken illegal action in accepting his request for voluntary retirement and subsequently not acceding to his request to the withdrawal of the application which sought the voluntary retirement.

(3.) THIS is not all the cardiogram of the petitioner while in service. If the content of his service is judged then paragraph 18 of the counter affidavit needs to be seen. At present, let these facts be reproduced as are contained in the counter affidavit without comment of the court: That from the facts and circumstances stated here in above, as well as from his previous service record, it would be manifest that the applicant throughout his service was absolutely little concerned for his duty and had been a habitual defaulter. In this connection, it would be worthwhile to state here that in the past also following "show cause notices" were also served on the applicant for his absence from duty or on some other disciplinary ground. In spite of such notices, the applicant did not show any marked improvement: