M. DURAIRAJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed to set aside the order made in O.A.No.250/2012, on the file of the Central Administrative Tribunal, dated 16.7.2013, wherein the petitioner has challenged the order of termination dated 22.12.2011, and prayed for reinstatement in service with all attendant benefits including back-wages. The Tribunal having dismissed the original application, the petitioner has preferred this writ petition.

(2.) According to the petitioner, he was appointed as a Casual Labourer in the year 1982 and he was conferred with temporary status with effect from 1.1.2001. Based on a complaint regarding theft of postal article and handing over to other agencies, by order dated 7.7.2003, he was removed from service. He was also arrested by police in connection with C.C.No.705/2003 filed against him and two others before the Judicial Magistrate Court, Alandur. The criminal Court acquitted the petitioner on benefit of doubt and his request for reinstatement having not been considered in spite of representation submitted on 20.1.2005, after the acquittal order was passed, he filed O.A.No.494/2006 before the Central Administrative Tribunal praying to consider his representation dated 20.1.2005. The said original application was ordered with a direction to consider the representation and pass orders on merits. Thereafter, an order was passed on 5.1.2008, rejecting the request of the petitioner seeking reinstatement. Aggrieved by the said order, the petitioner again filed O.A.No.382/2008, which was dismissed on 20.6.2008, against which the petitioner filed W.P.No.12974/2009 before this Court. The said writ petition was allowed with a direction to the respondents to reinstate the petitioner in service with effect from the date of acquittal, with 50% of the back-wages and continuity of service from the date of representation dated 20.1.2005, till the order of reinstatement and the petitioner was also entitled to get all consequential service benefits. Against the said order, the Department filed a Special Leave Petition, which was dismissed by the Hon'ble Supreme Court on 17.6.2011, and the petitioner was reinstated with 50% of back-wages from 20.1.2005 till 20.6.2011.

(3.) On 25.11.2011, a show cause notice was issued giving 7 days time to submit explanation stating that the petitioner misbehaved with a person in charge of Bag Office by misusing the Rest Room at Tambaram Railway Station Bag Office premises and when enquired, he used unparliamentary words and thereby, affecting the official work of Bag Office. The said show cause notice was issued pursuant to the preliminary enquiry conducted in this regard. In the show cause notice dated 25.11.2011, it is stated that there is a prima facie case in the complaint and the petitioner was directed to give explanation. He gave an explanation on 1.12.2011, and denied the charge levelled against him. Thereafter, an order was passed on 22.12.2011, stating that the explanation submitted by him was not satisfactory and the Departmental Enquiry also proves the charge levelled against him and hence he was ordered to be terminated from service with immediate effect. The said order was challenged in O.A.No.250/2012 before the Central Administrative Tribunal and the same having been dismissed, the petitioner has filed this writ petition contending that he being a temporary staff from 1.1.2001 and he having been proceeded by departmental action for committing the delinquency based on the preliminary enquiry report without conducting regular enquiry, the Department cannot terminate his service. The preliminary enquiry was held for prima facie case and a show cause notice was issued and the petitioner having denied the allegation, the department ought to have conducted the regular enquiry and substantiated the charge before terminating the service of the petitioner and the said procedure having not been followed, the termination order passed is in violation of Article 311(2) of the Constitution of India.