AMBIKA PRASAD SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner Ambika Prasad Sinha has filed the present petition aggrieved by the order of 30 July, 1999 by which his claim O.A. No. 551 of 1993 : Ambika Prasad Sinha V/s. Union of India & Ors. was rejected by the Tribunal.

(2.) THE back ground of the case, as was taken to the Tribunal, was an excuse virtually whittling the departmental action against the petitioner. The department is the department of Tele - communication. The action against the petitioner was that he was suspended. Thereafter, one increment was stopped and the suspension was revoked. The Tribunal felt that it ought not to interfere with the matter.

(3.) IN the present case, the Court feels that the departmental inquiry and penal action was stretched a bit too far. The Court will narrate the facts in brief. But, all this has happened primarily because the Tele -communication department was running a public utility service, and was doing so as a government department. If the matter had been seen business like it is unlikely that an employee of the tele -communication department would have had to bear the brunt of muscle flexing applicant - subscribers. The one who got away is the person who took the prize with him and is not a party to the proceedings. This person who got away is perhaps having the last laugh. In the circumstances, a short resume of the facts is necessary.