Original Application No. 536 of 2011. Case: Prem Shanker Saxena Vs Union of India. Central Administrative Tribunal

Case NumberOriginal Application No. 536 of 2011
CounselFor Appellant: Rakesh Verma, Adv. and For Respondents: Neeraj Mishra, Adv
JudgesDr. Murtaza Ali, Member (J) and U.K. Bansal, Member (Ad.)
IssueAdministrative Tribunals Act, 1985 - Section 19
Judgement DateJuly 14, 2014
CourtCentral Administrative Tribunal


Dr. Murtaza Ali, Member (J), (Allahabad Bench)

  1. Through this OA filed under Section 19 of the Administrative Tribunals Act, 1985 the applicant seeks the following main relief:

    i. to issue a writ, order or direction in the nature of Certiorari quashing the impugned order of punishment of compulsory retirement from service dated 08.11.2001, passed by Respondent No. 3 as well as appellate order dated 01.12.2010, rejecting the appeal, passed by the Respondent No. 2.

    ii. to issue a writ, order or direction in the nature of Mandamus directing the Respondent Nos. 2 & 3 to reinstate the petitioner in service as Wireman with effect from 10.11.2001 and to treat him as having continued in service (the petition has attained the age of superannuation of 60 years with effect from July, 2009) with full pay and allowances and other benefits including the seniority and promotions, within a period as may be fixed by this Hon'ble Tribunal.

    iii. to issue a writ, order or direction in the nature of Mandamus directing the Respondent No. 2 and 3 to re-fix and recalculate the pension and other pensionary benefits and to pay the difference thereof, within a period as may be fixed by this Hon'ble tribunal.

  2. The brief facts of the case are that the applicant was issued a charge-sheet dated 06.11.1991 when he was working as Wireman. The applicant denied the charges and demanded a detailed inquiry which was setup by appointing authority vide letter dated 03.01.1992. The inquiry could not be completed till 2001 due to change of Presenting and Inquiry Officers, so the applicant filed OA No. 156/01 which was disposed of on 09.02.2001 with a direction to the respondent No. 2 for concluding the disciplinary proceedings within a period of 04 months. The Disciplinary Authority failed to finalize the disciplinary proceedings within the prescribed time and the Inquiry Officer submitted its inquiry report on 13.07.2001 to the Disciplinary Authority holding the charges No. 1, 2, 3, 5, 6, 8 and 9 as proved and charges No. 4 and 7 as not proved. The applicant submitted his representation dated 11.09.2001 against the said inquiry report and the Disciplinary Authority passed the impugned order dated 08.11.2001 (Annexure A-1) retiring the applicant compulsorily from service. The applicant filed Writ Petition No. 430/2002 before Hon'ble High Court of Uttrakhand at Nainital which was transferred to this Tribunal and was registered as TA No. 04/08. The Circuit Bench of this Tribunal sitting at Nainital disposed of TA No. 04/08 vide order dated 26.04.2010 granting liberty to the applicant to file an appeal against the impugned order dated 08.11.2001 and respondent No. 2 was directed to decide the appeal within a period of 03 months. The applicant submitted an appeal dated...

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