Decided on November 11,2013

UNION OF INDIA Respondents


- (1.) By means of these 2(two) writ petitions, the writ petitioners have challenged a common order dated 24-9-2010 passed by Central Administrative Tribunal (CAT), Guwahati Bench in O.A. No. 73 of 2010 and O.A. No. 74 of 2010 whereby the Tribunal has dismissed the 2(two) applications filed by the petitioners before it. In said applications, the writ petitioners had challenged the validity of charge sheets memo dated 11-7-2001, inquiry reports dated 7-7-2003 and 10-7-2003, penalty orders dated 15-4-2005 and orders of the Departmental Appellate Authority dated 6-2-2010. Petitioners also sought their reinstatement in service with consequential benefits.
(2.) Heard learned counsel for the parties and perused the affidavits filed in both the writ petitions.
(3.) Brief facts of the case are that the writ petitioner, Shri Prabhat Chandra Das was engaged as "mazdoor? (labour) in the year 1982 by the Electrical Mechanical Engineers (EME), Eastern Command and later promoted as Vehicle Mechanic (Mate) in 1991. Thereafter, he was promoted to the post of Mechanic (Motor Vehicle) in the year 2000, but reverted. He was Vice President of the Civilian Workers Union, Shillong at the Station Workshop of EME. As far as writ petitioner, Shri Bihari Singha is concerned, he was appointed as Civilian Electrician (Motor Vehicle) on 13-9-1982 in 1 Advance Base Workshop. He was working on said post at Station Workshop of EME. He was General Secretary of Civilian Workers Union of Station Workshop of EME, Shillong. Both of them were served with the charge sheets dated 11-7-2001 arising out of the same incident dated 1-6-2001. The charge sheet served on the writ petitioner, Shri Prabhat Chandra Das contained 5(five) allegations, while the one served on writ petitioner, Shri Bihari Singha contained 6(six) allegations. It was alleged in the charge sheets against them that on 1-6-2001, Naib Subedar, Shri R.C.Nath (respondent No.8) of the workshop went to civilian rest room at 8.30 hours and requested the workers to come to the floor for work. Both of the writ petitioners declined to come to join the work on the pretext that they wanted to discuss about the proposed picketing by the Khasi Students Union on 2-6-2001. Naib Subedar, R.C.Nath after waiting for about an hour again went to civilian rest room at 9.30 hours when all others came to join work except the 2(two) petitioners who declined to comply the instructions of Naib Subedar, R.C.Nath to come to shop floor, and they started shouting slogans against Naib Subedar, R.C.Nath. The writ petitioner, Shri Bihari Singha after reading a letter said "Yeh Col Tewari Gandu (un-parliamentary word) Officer Tha, Jisne Is letter ko Sign Kiya hai, Hamara Koi Claim Nahin pass Hota". Writ petitioner, Shri Prabhat Chandra Das also shouted at Naib Subedar, R.C.Nath and said "Hamara Koi Claim Pass Nahi Hota, Yahan Par Sab Gandu (un-parliamentary word) Officers Aur JCO Hai, Hum Bharat Varash Ke Employee Hain Jahan Par Dil Karega Bathengi". Both the writ petitioners allegedly raised their hands to assault Naib Subedar, R.C.Nath. It is also alleged in the charge sheet that writ petitioner, Shri Prabhat Chandra Das shouted at Naib Subedar, R.C.Nath "AAP Chor Ho, FIP Ka Paisa Khaya Hai". When Naib Subedar, R.C.Nath saw assaulting hands of the writ petitioners, he ducked and saved himself.;

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