K.S. SAINI Vs. UNION OF INDIA

JUDGEMENT

(1.) The matter in hand takes us back by 30 years, when the petitioner was posted as S.D.O. III in the office of Assistant Defence Estate Officer (ADEO), Amritsar in the Department of Defence Estates Service under the Ministry of Defence. A brief narration of facts, which have led the parties to the present stage, would be essential and expedient. Vide an order dated 28.12.1984, the Director General, Defence Lands & Cantonments, ordered transfer of the petitioner from the office of ADEO, Amritsar to Defence Estates office, Tezpur. Concededly, the petitioner never reported for duty at Tezpur, nor submitted any application for leave and, thus, as is the case of the respondent department, remained unauthorizedly absent from duty.

(2.) The petitioner was charge-sheeted by the Director, Defence Lands & Cantonments (Eastern Command) on 30.04.1986 for showing lack of devotion to duty and demonstrating a conduct unbecoming of a Government servant and also for deliberately avoiding to collect the amount of TA/DA advance for proceeding to Tezpur. The precise and specific charges framed against the petitioner read as thus:

(3.) The petitioner in response to the said charge-sheet, clarified his position saying that in fact he never received the relieving order from the ADEO, Amritsar. In the absence of any such order, how could he ever be expected to leave for Tezpur. Therefore, his name could not be assumed to have been struck of the strength from the office of ADEO, Amritsar. Further, he was never paid TA/DA advance to proceed to Tezpur. He refutes the charges that he has been avoiding to receive the relieving orders or TA/DA advance. In fact, it is asserted that he had been continuously appearing before the authority for issuance of relieving order and payment of TA/DA but to no avail. On a consideration of the matter, the Director, Defence Estates (Eastern Command) in exercise of power under Sub-rule (2) of Rule 14 of the Central Civil Services (Classification Control and Appeal) Rules, 1965, vide an order dated 24.06.1986, appointed Shri Tasnaluaia, Joint Director, Defence Estates, Shillong as an Inquiry Officer to probe the charges against the petitioner. Twice i.e. on 18.03.1987 and 27.05.1988 , the inquiry was fixed in the office of Joint Director, Defence Estates, Shillong. However, the petitioner failed to appear on both the occasions on one pretext or the other. Whereafter, the inquiry was fixed in the office of Defence Estate Officer, Pathankot [hometown of the petitioner] to enable the petitioner to appear and participate in the inquiry.