ASHRAF KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Md. Ashraf Khan/the petitioner, who has since been dismissed from service by order dated 07.03.2013 passed by the Director (Vigilance) in the name of the President, had initially challenged before the Central Administrative Tribunal the ex parte enquiry proceeding against him and the report of the inquiry officer dated 14.01.2013 on the ground of same being bad in law as he had already filed an application for voluntary retirement, which with the efflux of time was to be deemed as accepted. It was also prayed by the writ petitioner before the Tribunal to direct the respondents to accept his request for voluntary retirement with effect from 22.08.2000 which is 90 days post his representation dated 23.05.2000 with all consequential benefits including pension, arrears and statutory interests thereupon or in the alternative, direct the respondents to allow him to resume his duty and then conduct fresh proceedings after making available to him the documents necessary for the purpose.

(2.) During the pendency of the aforesaid O. A. No. 156/2013, the petitioner was dismissed from service by order dated 07.03.2013 referred to above. An M. A. No. 189/2013 was filed by the petitioner for amending the prayer in the O. A., seeking quashing of the order of dismissal, which prayer was allowed but no amendment was carried out by the petitioner. The Tribunal, on its own, included the prayer to quash the order of dismissal and deliberated upon the facts of the case.

(3.) The Tribunal, on going through the entire set of facts and circumstances, found that the writ petitioner had willfully absented himself from duty and had disobeyed the orders issued by the authorities. The Tribunal therefore did not interfere with the order of dismissal and rejected the O. A. of the petitioner as being devoid of merits, by the judgment dated 21.02.2017, which is under challenge in the present writ petition.