SJS RANDHAWA Vs. UOI

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution of India seeks: (i) setting aside of an order dated 12th December, 2008 whereby the petitioner was awarded 'Severe Displeasure' for 12 months by respondent No. 3; (ii) the quashing of an order dated 23.02.2009, which rejected the petitioner's representation against the said order; (iii) seeks the re - consideration of the petitioner's case de hors the aforesaid administrative action for grant of promotion to the rank of Group Captain (Time Scale) along with his batch mates and finally, (iv) his promotion to such rank with all consequential benefits including back wages, arrears etc. The petitioner's case is that while he was posted with Indian Air

(2.) FORCE , Head Quarters, Subroto Park, New Delhi; he took admission in a three years MBA course (Part Time) (2006 -2009) starting from July, 2006 to May, 2009 from Lal Bahadur Shastri Institute of Management, Delhi after due permission. By posting order dated 11.06.2008, he was transferred to Head Quarters, Eastern Air Command with effect from 11.08.2008. Through a representation dated 12.06.2008, he sought deferment/cancellation of the said posting order in view of the academic course undertaken by him. His representation was rejected on 15.06.2008, which he challenged in Civil Writ Petition No. 5257 of 2008. On 23rd July, 2008 this Court directed that:

(3.) THE petitioner contends that he had filed two applications to his Commandant on 24.07.2008, one for the duration of 28.07.2008 to 02.12.2008 and another for study leave from 28.07.2008 to 31.05.2009 and all along the petitioner awaited a response from the respondents. On 06.08.2008, he was intimated that he had been granted 12 days annual leave from 28.07.2008 to 08.08.2008 and the balance of 18 days annual leave due to him for the year 2008, followed by 60 days of furlough leave. The petitioner states that he had made representations to respondent No. 4, his immediate superior through respondent No. 3, vide letter dated 13.08.2008. It is further submitted that he was threatened by respondent No. 4 that his action would be adverse to his interests. The petitioner contends that he received intimation from the respondents on 19.08.2008 that he had been granted balance of 18 days annual leave from 09.08.2008 to 26.08.2008 and 60 days furlough leave from 27.08.2008 to 25.10.2008 but they did not submit the application of study leave of the petitioner to the sanctioning authority which had already been forwarded by the petitioner vide his letter dated 24.07.2008 and 13.09.2008. By letter dated 24.10.2008, the petitioner was informed that his request for extraordinary leave had been referred to the Central Government and a decision thereon was awaited. In the said letter, it was also mentioned that the petitioner had not submitted any fresh application for grant of study leave in spite of a reminder issued by the Head Quarters dated 18.08.2008. The petitioner was further given liberty to decide whether or not he would join duty on the expiry of his furlough leave. It is not disputed that the petitioner remained absent without leave from 26.10.2008 to 07.11.2008. He reported for duty on 08.11.2008. Accordingly, the respondents issued him a show cause notice/censure notice and after having considered his reply thereto, the respondents held him blameworthy for the aforesaid lapse. Therefore, he was awarded 'Severe Displeasure' for 12 months on 12 th December, 2008.