RAMJI SINGH I Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Tapen Sen, learned counsel for the petitioner and Mrs. Sheela Prasad, learned Additional Standing Counsel, Central Government.

(2.) THE petitioner seeks issuance of a writ of mandamus directing the respondents to accept the joining of the petitioner in the office of the respondent No. 3, Regional Commissioner. Coal Mines Provident Fund, Dhanbad and further for payment of the entire amount of salary which has been withheld since April 90 and also for quashing the office order dated 7.9.2000 withholding two increments of the petitioner with cumulative -effect.

(3.) THE petitioner was serving as Upper Division Clerk in the office of the respondent No. 3 at Dhanbad. By office order dated 1.8.1988 the petitioner alongwith others transferred from Dhanbad to Nagpur. Against the order of transfer the petitioner filed representation on 9.8.1988 and 11.8.1988. The petitioners case is that in spite of the order of transfer the relieving order was never served upon him and he continued on duty at Dhanbad and consequently he could not join at Nagpur. It is stated that even in 1992 the petitioner wrote letter to the Commissioner and met him in Chamber informing him that he had not been relieved and continuing in Dhanbad but the salary has not been paid to him. It appears that because of disobedience of the order of transfer a proceeding was initiated against the petitioner at Nagpur and he was charged for dereliction of duty at Nagpur even after the order of transfer. The enquiry report was submitted by the Enquiry Officer, who found the petitioner guilty of the charges. A copy of the enquiry report dated 14.7.1997 has been annexed as Annexure 5/1 to the writ application. It appears that a parallel enquiry was initiated by the respondents at Dhanbad on the same charges in which the petitioner participated. The enquiry officer, after considering the entire facts and evidences, came to the conclusion that the charge levelled against the petitioner has not been proved. The respondents, thereafter, issued the impugned letter dated 4/7.9.2000 imposing punishment of withholding two increments with cumulative effect, and further refused to allow the petitioner to join at Dhanbad. Copies of these two letters have been annexed as Annexures 6 and 7 to the writ petition.