- (1.) THE present petition has been preferred mainly for the two prayers firstly for quashing, punishment inflicted by respondent -authorities as it being grossly disproportionate or shockingly disproportionate and secondly, for getting retiral benefits are not yet paid by the respondents and therefore, present petition has been preferred.
(2.) HAVING heard learned counsel for both the sides and looking to the facts and circumstances of the case it appears: '' I. that the present petitioner was working as Head Constable with the Central Industrial Security Force (C.I.S.F.), Unit at Bokaro Steel City, Jharkhand. Thereafter, he was transferred on administrative exigencies. For the reasons, best known to the petitioner, he refused to join at the transferee post. The reason advanced is always, sickness either of his own or for his relatives which were never accepted by the respondents. II. that from the facts of the case that on earlier occasion the very same order i.e. transfer was under challenge through a writ petition, bearing W.P.(S) No. 4156 of 2000, which was also not allowed by this Court vide order dated 19th of December, 2000. III. that thereafter, as the petitioner had deliberately not joined at the transferee place and a charge -sheet was issued on dated 12th of January, 2001. Inquiry Officer was appointed and departmental proceeding was initiated against the present petitioner. Inquiry report was submitted, the charges were proved and he was compelled to retire. IV. that from the facts of the present case, it also appears that thereafter, departmental appeal was preferred and the appeal against the punishment was also dismissed by the appellate authority. V. looking to counter affidavit, facts and circumstances of the case, especially, the petitioner was working as a Head Constable and he was transferred on the ground of administrative exigencies, but, the present petitioner had never joined at a transferee place. Opportunity was given to the present petitioner to resume the duties, but, instead of availing this opportunity, he remained absent deliberately and voluntarily. Looking to the inquiry report and the nature of misconduct and looking to the quantum of punishment, the same cannot be said to be unreasonably excessive punishment nor the same can be labelled as shockingly disproportionate. VI. So far as the second prayer is concerned i.e. for the payment of retiral benefits, it is submitted by the learned counsel for the respondents that time and again, the petitioner has been called upon to complete the formalities for the payment of the retiral benefits, but, he has never come to the respondents and, therefore, the Union of India is unable to make the payment of the retiral benefits. Constant adamant approach has resulted in non -payment of retiral benefits, as stated by the learned counsel for Union of India and, therefore, looking to the readiness of the respondents, I hereby, direct the petitioner to approach Respondent No. 3 at 11:30 a.m. on 7th of September, 2009, so that all necessary formalities of grant of retiral benefits will be completed or Respondent No. 3 may give a time of his choice to the petitioner so that all the necessary formalities may be completed and the petitioner may get legally payable retiral benefits, without further delay. Learned counsel for the petitioner has submitted that if the dues are paid to the petitioner, it should be paid with interest. Learned counsel appearing on behalf of the respondents has submited at the petitioner cannot be allowed to take advantage of his own wrong and, therefore, if the delay has been caused because of the adamant approach of the petitioner, even, no interest is payable, nonetheless, the said decision will also be taken by Respondent No. 3 or by the higher - ups.
(3.) AS a cumulative effect of the aforesaid facts, reasons and directions, this writ petition is hereby, disposed of.;