NAND KISHORE PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) BY Court - The present writ petition has been filed for quashing the order dated 19.9.2011 passed by the Central Administrative Tribunal, Patna, Circuit Bench at Ranchi, whereby O.A No.16/2010 filed for quashing the impugned modified order dated 6.11.2008 was dismissed. The petitioner prays for regularization of interim period of three years two months and twenty four days as on leave with full pay and allowances and also prayed for a direction to pay the difference of salary.

(2.) THE petitioner was working as Senior Electrical Loco Pilot (Goods) Grade I. While on duty, vide order dated 20.9.2005 and 26.9.2005, the petitioner was transferred from Gomoh to Gajhandi and Gomoh to Burwadih respectively. According to the petitioner, those transfer orders were not sent to him. The petitioner proceeded on sanctioned leave from 30.9.2005 to 9.10.2005 and applied for extension of leave from10.10.2005 to 9.11.2005 by his letter dated 7.10.2005. The case of the petitioner is that he was not allowed to join duty on 10.11.2005. The petitioner had challenged the order of transfer before the CAT in O.A No.270/2005, which was disposed of by an order dated 24.3.2006 directing the authorities to treat the original application as representation and that the authorities should take a decision on merits on the question of transfer of the petitioner.

(3.) THE petitioner was chargesheeted, vide memo dated 13.3.2006 for his absence from duty from 10.10.2005 to 11.11.2005 at Gomoh roster and from 12.11.2005 to 11.3.2006 at Burwadih roster. The charge of unauthorized absence from 10.10.2005 to 11.3.2006 was found proved and for the proved charge, punishment of compulsory retirement from service with effect from 8.6.2007 was imposed by the order dated 1.6.2007.