PRAVAS CHANDRA MOHAPATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER has challenged the validity of the order passed by Administrative Tribunal in O.A No.445 of 1992 dated 8.2.2000 dismissing the petitioners application and upholding the punishment imposed by the Opposite Parties.

(2.) THE petitioner has been working as an Inspector of Central Excise and Customs, Berhampur Range, from 31.5.1990 to 29.11.1990. During the period of his incumbency, it was found that he did not ensure proper discipline and devotion to duty and acted in a manner unbecoming on the part of a Government servant. Therefore, the authorities had transferred the petitioner from Berhempur Range to Rayagada Range vide transfer order No. 82/Estt/90 dated 7.5.1990. But the petitioner avoided to join in his new place of posting of different pretext as a result of which different charges had been framed for disobedience of the order in not joining at his new place of posting. During pendency of the disciplinary proceedings, he was also kept under suspension. Pursuant to the charge, he submitted his show cause and written statement of defence. In his defence statement, he has stated that on account of availing leave at the time of transfer as he suddenly suffered from acute Acid Peptic Ulcer and became unfit to work, therefore, he could not joint at his new place of posting and from time to time he extended the leave and during that period he also submitted a representation to the authority for review of his transfer. But such prayer for keeping the order of transfer in abeyance did not yield any result. The enquiring authority after examining the evidence in detail found the officer to be truant, defiant and disobedient and, therefore, suggested to impose a minor penalty of stoppage of two increments with cumulative effect.

(3.) THE Tribunal also looking into the facts of the case has, however, observed that it has not come across any procedural of lapse or irregularity in the impugned order passed by the disciplinary authority.