D.P.Kundu, J. - (1.) -In this proceeding, the petitioners have challenged the Judgment and Order dated 16th February, 2001 passed by the Central Administrative Tribunal, Calcutta Bench, Circuit at Port Blair in O.A. No. 54/AN/1998.
(2.) By the aforesaid Judgment and order dated 16,2,2001, the Central Administrative Tribunal, Calcutta Bench, Circuit at Port Blair (hereinafter referred to as the Tribunal), inter alia passed the following directions: (a) The termination order dated 29.8.97 is set aside being illegal, (b) The question of pay and allowances etc. as admissible to the applicant after setting aside of the termination order will be dealt with by the competent respondent authorities according to the existent rules, (c) The competent respondent authorities will be at liberty to initiate, justified disciplinary action against the applicant within the period of two weeks from the date of communication of the order in accordance with the provisions of CCS (CCA) Rules, 1965, (d) The applicant will co-operate with the disciplinary proceeding if initiated against him and shall co-operate in completing the same within the stipulated period. He shall not give sny occasion to the respondent authorities to delay the proceedings in any manner. In case the applicant adopts dilatory tactics or creates hurdles in the proceedings of the disciplinary case, the competent authority will be at liberty to proceed in the matter ex-parte, so as to dispose of the same within the stipulated period, (e) In case the disciplinary proceeding is initiated, the hearing in the proceeding should be conducted on the continued basis except where minimum period of notice etc. is provided in the CCS(CCA) Rules, and (f) the entire disciplinary proceeding if decided to be initiated by the respondent authorities should be completed within the period of four months from the date of issue of chargesheet till final decision on the enquiry report by the competent disciplinary authority.
(3.) The Respondent in this proceeding Shri Biswanath Dhar, by virtue of an appointment order No.266/6/3 dated 30th August, 1994 issued by the petitioner No.4, was appointed as a Fire Engine Driver Gr. II on temporary basis and posted under petitioner No.5. Such appointment of the respondent was subject to the conditions of service as applicable to temporary civilian Government servant paid from defence services estimates in accordance with the order issued by the Government of India from time to time. It was further stipulated in the appointment order that the appointment might be terminated at any time in a month notice given by either side. It was further stipulated in the appointment order that the appointing authority however reserved the right to terminate the service of the respondent forthwith or before expiry of the stipulated period of notice by making payment of sum equivalent to pay and allowances for the period of notice of unexpired portion thereof as the case may be. It was further stipulated in the appointment order that the respondent would be on probation for two years in the first instance which is extendable at the discretion of the appointing authority and on satisfactory completion of which the respondent would be considered for employment on regular basis.;