CHITARANJAN PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been preferred for quashing and setting aside the order dtd. 22/8/2023 passed in O.A.No. 051/00634/2023 whereby the Central Administrative Tribunal, Circuit Bench at Ranchi (in short "the Tribunal") dismissed the said O.A. filed by the petitioner seeking arrears of salary (back wages) for the period when he was under punishment of removal from service i.e., the period from the date of dismissal till one day prior to his date of joining on reinstatement (11/2/2013 to 19/9/2019). Further prayer has been made for issuance of direction upon the concerned respondents to modify the office order dtd. 18/9/2019 issued by the AGM (Personnel-OD), Bokaro Steel Plant, Steel Authority of India Limited, reinstating the petitioner without back wages. The petitioner has also prayed for directing the concerned respondents to make payment of arrears of salary for the period from 11/2/2013 to 19/9/2019 with statutory interest as he joined the duty on 20/9/2019 after reinstatement and he was compelled to remain out of job from 11/2/2013 to 19/9/2019 on account of illegal order of termination issued by the respondent authorities as well as he was not under any gainful employment during the said period.

(2.) The factual background of the case as stated in the writ petition is that the petitioner was appointed as Junior Operator in Bokaro Steel Plant where he joined on 29/11/1982 and in due course he was promoted as Junior Officer. A complaint was made against him on 2/6/2009 that he actually belonged to 'Yadav (Gwala)' caste whereas he had submitted wrong caste certificate at the time of his initial appointment mentioning his caste as 'Rajwar' and accordingly, the petitioner was directed to submit his caste certificate on 27/11/2009. Thereafter, the petitioner submitted his caste certificate issued from Chas Block, Bokaro on 5/12/2009 in which it was mentioned that he belonged to 'Rajwar' caste and he was a resident of Village-Gora Bali, P.O. and P.S.-Balidih, District- Bokaro. Subsequently, departmental proceeding was initiated against the petitioner and a chargesheet dtd. 22/3/2010 was issued against him alleging therein that the caste certificate submitted by him at the time of initial appointment on 29/11/1982 mentioned his permanent residence as "Village and P.O.-Morsanda, P.S.-Falka, District- Katihar" whereas the caste certificate submitted on 11/12/2009 showed his permanent residence as "Village-Gora Bali, P.O. and P.S.-Balidih, District-Bokaro".

(3.) After conclusion of the departmental proceeding, the petitioner was terminated from service vide order dated- 11/2/2013. The petitioner then filed a writ petition being W. P. (S) No.-1296 of 2013 which was disposed of vide order dtd. 5/12/2014 whereby he was directed to approach the Central Administrative Tribunal. Thereafter, the petitioner preferred O.A. No. 051/ 00125/ 2015 before the Tribunal which was decided vide order dtd. 20/8/2015 directing the petitioner to approach the appellate authority. Since, the petitioner had already availed departmental remedy of appeal on 16/2/2013 against the order of termination dtd. 11/2/2013 which was rejected vide order dtd. 31/7/2013, he made another representation dtd. 12/10/2015 in pursuance of the Tribunal's order which was not decided.