SUBRATA TALUKDAR, J. - (1.) IN this petition, WPCT 223/2013, the Petitioner has impugned the order dated 19th February, 2013, passed by the Learned Central Administrative Tribunal, Calcutta Bench in OA 900 of 2012. By the order impugned the Learned Tribunal took the view that as per provision contained in Rule 25(2) of CCS (Leave) Rules, wilful absence from duty after the expiry of leave renders a government servant liable to disciplinary action. The Learned Tribunal took the further view that in the light of Rule 28 of CCS (Pension Rules), such service cannot be acknowledged as qualifying service for pension. The Learned Tribunal also opined that both orders passed by the authority imposing the punishment as well as treating the period of absence as 'DIES NON' are appealable orders and no appeal was preferred. In the light of the above, the Learned Tribunal dismissed OA 900 of 2012 on 19th February, 2013.
(2.) THE petitioner, in this application, is aggrieved by such order of the Learned Tribunal. The petitioner prays for setting aside the said order with direction to the authority not to treat the period of his absence from 8.1.83 to 7.4.88 as 'DIES NON' and to release the pension and consequential financial benefits by treating him as retired with effect from 8th April, 1988 along with arrear benefits. Admittedly, the petitioner joined service under the Central Government as Assistant Foreman with Gun and Shell factory, Cossipore, Kolkata on 23rd January, 1973 and was confirmed in such post with effect from 1st December 1973. Admittedly, the authority granted him permission on 6th June, 1981 to visit U.S.A. for a period of ten months to facilitate his higher studies/training.
(3.) THE petitioner was sanctioned Earned Leave and Half Pay Leave from 8th of March 1982 to 7th of January, 1983 for the aforesaid purpose. On 19th November, 1982, the Petitioner, from U.S.A., made a request to the authority to grant him Extra Ordinary Leave without pay from 8th January, 1983 to 7th May, 1986 for prosecuting higher studies/training in U.S.A. . On 4th April, 1982 the authority asked the petitioner to furnish an undertaking requiring him to render 2 years of service with the authority after completing his higher study and such undertaking was executed by the Petitioner on 23rd May, 1983. In spite of the above backdrop the authority proceeded to charge sheet the Petitioner for gross misconduct on the 4th of April, 1987 charging him with fraudulent misrepresentation to visit U.S.A. for higher studies without taking formal admission in a University. The petitioner was also charged with unauthorized absence from duty. ;