- (1.)By this application the petitioner Abdul Salam has prayed for setting aside the order dated 29th June, 2004 passed by Shri B. Mondal, the learned Special Judge, Andaman & Nicobar Island, Port Blair in Special Case No 22-A of 2000 dated 16.6.2000 under Section 13(2) read with Section 13(i)(e) of the Prevention of Corruption Act, 1988.
(2.)The main contention of the petitioner in the present application is that he joined the Andaman Nicobar Police Force on 7.11.86 as Sub-Inspector of Police and posted at Port Blair and thereafter he received different awards including the Condemnation Certificate. In March, 1999, he was transferred to a non-existence post at Car Nicobar Island. Since the petitioner was suffering from various ailments after a leg injury arising out of an accident and was in active treatment under a specialist in the Mainland Hospital, he challenged the illegal transfer order. The said order of transfer was quashed by the Competent Forum but the department moved the Circuit Benchat at Port Blair in which a direction was issued upon the petitioner to join the transferred post for a period of six months and meanwhile the Administration was to consider his transfer at Port Blair.
(3.)The petitioner could not comply with the order as he had been in the Mainland Hospital in connection with his treatment and thereafter the Inspector General of Police initiated a disciplinary proceeding against the present petitioner. The disciplinary proceeding was conducted exparte and finally an order was passed to the effect that the period of his absence from duty would be construed as break of service and a penalty of stoppage of increment of five years was also imposed. Against that order, the present petitioner moved the Central Administrative Tribunal, Calcutta and the matter is still pending for adjudication.