SUDHANSU JYOTI MUKHOPADHAYA, J. - (1.) LEAVE granted.
(2.) THE appellant, who was working as Security Assistant, was proceeded departmentally on 2nd September, 1996 for the following charge: "While functioning as SA(G) in the office of Deputy Central Intelligence Officer, Palanpur, under Subsidiary Intelligence Bureau, Ahmedabad, unauthorisedly absented from duty between 3.10.1995 and 7.11.1995, 9.11.1995 and 10.12.1995 and from 10.12.1995 to 2.8.1996, thereby violating Rule 3(1)(ii) 3(1)(iii) of Central Civil Services (Conduct) Rules, 1964."
(3.) ON receipt of charge -sheet the appellant denied the allegation by his reply dated 7th October, 1996 and also alleged bias against his Controlling Officer, Mr. P. Venkateswarlu with specific stand that he was prevented by him from signing the attendance register and to attend the office. He also explained reasons of absence for certain period for which he had applied for leave. During the pendency of the departmental proceedings, the appellant was transferred to another place which he challenged before the Central Administrative Tribunal alleging bias against his superior Officer. The Central Administrative Tribunal by order dated 15th November, 2000 set aside the order by holding 'the order of transfer is vitiated due to malice in law and fact' which was affirmed by the Gujarat High Court on 17th August, 2001. After about seven years Inquiry Officer submitted a report on 28th April, 2003 and held that the charge has been proved against the appellant beyond all reasonable doubt, holding him guilty of violating Rule 3(1)(ii) and 3(1 )(iii) of Central Civil Services (Conduct) Rules, 1964.;