Special Leave Petition (Civil) No. 31250 of 2011. Case: C.V. Francis Vs Union of India & Ors.. Supreme Court

Case NumberSpecial Leave Petition (Civil) No. 31250 of 2011
Party NameC.V. Francis Vs Union of India & Ors.
JudgesAltamas Kabir, CJI. Anil R. Dave and Ranjana Prakash Desai, JJ
IssueCentral Civil Services Pension Rules - Rule 48-A
Judgement DateJuly 03, 2013
CourtSupreme Court

Judgment:

  1. The Petitioner, who has appeared in person, was employed as a Manager by the Respondent, Bokaro Steel Limited, which subsequently became a unit of Steel Authority of India (SAIL) from 20.2.1998. On the same date a Voluntary Retirement Scheme was introduced and the Petitioner also applied on 7.4.1998 to avail the benefits of the Scheme. The Petitioner claims to have applied for leave from 30.4.1998 to 31.5.1998 which was purported to have been sanctioned.

  2. However, without waiting for acceptance of his application seeking voluntary retirement, the Petitioner proceeded to the United States and applied for further leave from 1.6.1998 to 30.6.1998. Such prayer was rejected and the Petitioner was asked by letter dated 26.6.1998 to join his duties from 1.7.1998. The Petitioner did not join his duties, as directed, but again applied for leave from 1.7.1998 to 31.8.1998. By its letter dated 3.8.1998, the Respondent Company informed the Petitioner that leave had not been granted and that he was being treated as absent from duty without leave, for which disciplinary proceedings were being contemplated against him for unauthorised absence. In the absence of any response from him, the Respondent Company once again wrote to the Petitioner on 14.8.1998, asking him to report for duty within ten days, failing which disciplinary action would be initiated against him, but the Petitioner failed to respond even to the said letter. On 11.10.1998, a disciplinary enquiry was initiated against the Petitioner for his unauthorised absence from duty.

  3. Without replying to the charges against him, the Petitioner sent yet another representation dated 20.11.1998 to the Respondent Company to accept his request for voluntary retirement. As such prayer was rejected, the Petitioner moved the Kerala High Court in its writ jurisdiction for a direction upon the authorities to accept his prayer for voluntary retirement and to drop the disciplinary action initiated against him. The Kerala High Court disposed of the Writ Petition on the same day and by its Order dated 23.4.1999 directed the Union of India to dispose of the Petitioner's representation within a reasonable time. It was made clear that whatever action was taken would be subject to the order to be passed on the Petitioner's representation. The Petitioner was given ample opportunity to represent his case by the Respondent Union of India, which vide Order dated 11.10.1999, rejected the Petitioner's...

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