Sudhir Agarwal, J. - (1.) This writ petition has been filed by Sri Mustaq Ahmad Khan, who worked as "Civilian Clerk" in Ordinance Factory at Kanpur Nagar. He was imposed with punishment of "Compulsory Retirement" vide order dated 02.04.1991 whereagainst appeal was also dismissed vide order dated 14.08.1992. His Original Application (hereinafter referred to as "O.A.") No. 1579 of 1992 filed under Section 19 of Administrative Tribunal Act, 1985 (hereinafter referred to as "Act, 1985") has also been dismissed by Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as "Tribunal") vide judgment and order dated 10.11.2000.
(2.) The aforesaid judgment, orders of punishment and appeal are under challenge. Petitioner has prayed for issue of a writ of certiorari for quashing the judgment and order of Tribunal and to direct respondents to reinstate petitioner after quashing the order of punishment.
(3.) Facts in brief, as stated in writ petition, are, that a memorandum was issued to petitioner on 12.09.1981 by Officer Incharge, AOC (Records), Trimulgherry, Secunderabad alleging that petitioner was convicted on a criminal charge under Customs Act, 1962 (hereinafter referred to as "Act, 1962"), as a result whereof his "conduct led to conviction" renders him undesirable to be retained in public service and he should be removed. Petitioner was given an opportunity to submit his representation against proposed penalty. Petitioner submitted reply dated 06.10.1981 stating that he has not been convicted on a criminal charge under Act, 1962 and if any such judgment of conviction has been passed by a Court, supply a copy thereof. He further stated that under Section 112 of Act, 1962 a penalty was imposed by Additional Collector of Customs, Muzaffarpur upon petitioner whereagainst he preferred appeal which is pending. Further he said that the said penalty does not come within the purview of "conviction" of a criminal offence.;