S P SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY virtue of the present Original Application a challenge has been made to an order passed on 30.08.2005 placing the applicant under suspension on a contemplated disciplinary proceeding. An order passed on 16.09.2005 is also assailed whereby the applicant, for the purposes of withdrawal of salary/subsistence allowance from 13.06.2005, is posted as Commissioner Central Excise, Bhopal and thereafter showing him against the post of Commissioner, Central Excise (A), Aurangabad.

(2.) Applicant has also sought release of retiral benefits as calculated on 1.9.2005 as well as salary due from June, 2005.

(3.) ON 13.06.2005, in pursuance of Office Order dated 31.05.2005, applicant was relieved to join new place of posting as Commissioner (Appeal) Hyderabad. Applicant handed over the charge only on 20.06.2005 but since the officer holding post at Hyderabad was not relieved, Member, CBEC stayed the transfer order. A request had been made to make suitable posting in pursuance of request of voluntary retirement. Vide communication dated 25.08.2005 sent to the applicant at his residential address i.e. H.No. 226, Sector 15-A, NOIDA in the wake of his request for voluntary retirement, he was asked to deposit outstanding dues. ON 09.09.2005, applicant received an order dated 30.08.2005 placing him under suspension and fixing his headquarter at Aurangabad, which led to filing of the present Original Application.