- (1.) In both these petitions the petitioner Shri Mohd. Zahir Khan appeared in person.
(2.) The petitioner was appointed as a Stenographer Grade II in the Customs and central Excise Department on 3/06/1958 and later he was appointed as Stenographer (O. G. ) with effect from 1/08/1969. While so there were some enquiries on the basis of the charge-sheets filed against him in respect of some minor and major offences, the details of which are not very much necessary for the purpose of the instant cases. However, he was charge-sheeted on 25/09/1978 for misconduct of disobedience and the major penalty of dismissal was awarded on 26/02/1982. He filed a petition before the Supreme court and the case was remanded to the Collector, central Excise, Allahabad for fresh orders and on re-consideration he was, however, reinstated on 21/05/1984. Again on 18/02/1986 hewas charge-sheeted for a major penalty and after enquiry stoppage of three increments with cumulative effect was ordered on 28/03/1989.
(3.) Earlier by an order dated 2/07/1981 he was transferred to Customs Division, Gorakhpur and it is alleged that he did not comply with the transfer order. However, he was placed under suspension on 5/02/1986 which was revoked on 15/10/1988 and according to the Department, the petitioner did not report for duty after such revocation in spite of directions by the authorities. However, ultimately by virtue of the order of Central Administrative tribunal ("cat" for short). New Delhi dated September 5, 1989 the petitioner was ordered to report to the Collector, central Excise, Allahabad to join his duties and an advance amount of Rs. 5,000. 00 was paid to the petitioner to meet the expenditure of travelling etc. which was received on 30/11/1989. By another order dated 31/10/1990 the CAT again directed the petitioner to join the office at Allahabad within a week. According to the Department he did not join soon after but joined only on 6/01/1992.;