D.K.SINHA,J. - (1.) Petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India for quashment of the order NO.MSI729 EsttlPF/897 dated 30.4.2003 as well as the order NO.6 -28/1 A.11 (AE) dated 20.12.2004 passed by the Disciplinary Authority and the Appellate Authority respectively and also the order dated 21.4.2006 in part, drawn by the Circuit Bench at Ranchi of Central Administrative Tribunal, Patna in OA NO.13 of 2005 confirming the above orders of the said authorities of compulsory retirement of the petitioner from his service.
(2.) GRIEVANCE of the petitioner is that the decision of his compulsory retirement was taken arbitrarily on collateral grounds, without any evidence by showing biasness by alleging that the petitioner had been raising voice against the authorities of the institution. Yet, it was held by the Central Administrative Tribunal that the petitioner was entitled only to his retiral benefits, whereas admitted dues of his subsistence allowance from 26.5.1998 to 30.4.2003 was not paid by the respondents to which he was legally entitled to. The petitioner sought direction upon the respondents for an order in this regard for payment of the aforesaid dues with increment in his salary and further restraining the respondents from deducting the rent of his quarter at the market rate which was under occupation of the petitioner from August, 1999 till his ejectment and providing other medical facilities to which he was entitled to. Further grievance of the petitioner is that being the member of Grievance Committee, he had filed a Public Interest Litigation against the then Director, Dr. Satish Chandra Agrawal of Indian Lac Research Institute (ILRI), Ranchi and simultaneously, a compliant case was also filed against him including five other Officers and ultimately, the said Director suffered compulsory retirement.
(3.) THE petitioner was put under suspension vide order dated 25.5.1998 (Annexure -3) and was transferred to Central Institute of Agricultural Engineering (CIAE), Bhopal vide order dated 22.5.1999 and ultimately, the petitioner joined at CIAE, Bhopal. Beforehand, the petitioner had preferred OA NO.3 of 2000 before the Central Administrative Tribunal, Patna, Circuit Bench, Ranchi challenging the order of his transfer to another State during the period of his suspension and enquiry set up against him at ILRI, Ranchi and even before the submission of enquiry report. His transfer order was set aside by the Central Administrative Tribunal on the ground that transfer order was punitive in nature. Respondents moved before this Court in C.W.J.C. No. 707 of 2001 wherein vide order dated 1.3.2002, joining of the petitioner was directed to be accepted on the rolls of his establishment at Bhopal, at the same time, all his arrears of pay and subsistence allowance due to him were directed to be released within a period of four weeks (Annexure -6). In compliance whereof, the petitioner joined at Bhopal on 5.4.2002 during his suspension and later on vide order dated 2.5.2002 his suspension was revoked (Annexure -B) by the Director, Central Institute of Agricultural Engineering, Bhopal. The copy of the enquiry report dated 11.3.2003 was served upon him by the Director -cum -Disciplinary Authority enabling the petitioner for making any submission in writing, if he so liked. The enquiry report reflected that except the Charges NO.3 and 6(d), rest all charges were proved against him, on the' basis of which, the Director -cum -Disciplinary Authority, CIAE, Bhopal by the order dated 30.4.2003 awarded major punishment in the nature of compulsory retirement of the petitioner from his service (Annexure -10).;