Original Application No. 28/2007. Case: Satpil Antil S/o Srichand Antil, Assistant Engineer (Civil), Postal Civil Sub Division-1, Jaipur Vs 1. Union of India, Through its Secretary to the Government of India, Department of Telecom, Ministry of Communication and Information Technology, New Delhi, 2. Member (T), Telecom Commission, Department of Telecommunications, Sanchar Bhawan, New Delhi, 3. Union of India, Through its Secretary to the Government of India, Department of Posts, Ministry of Communication and Information Technology, Dak Bhawan, New Delhi, 4. Chief General Manager Telecom, Rajasthan Circle, Jaipur, 5. Chief Postmaster General, Rajasthan Circle, Jaipur. Central Administrative Tribunal
| Case Number | Original Application No. 28/2007 |
| Judges | K. S. Rathore (Judicial Member) & Anil Kumar (Administrative Member) |
| Issue | Central Civil Services (Classification, Control and Appeal) Rules, 1965 |
| Judgement Date | May 11, 2011 |
| Court | Central Administrative Tribunal |
Judgment:
(Jaipur Bench)
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The present OA has been preferred by the applicant against the Memorandum dated 16.01.2007 received on 25.01.2007, issued by respondent no. 2, by which disciplinary proceedings under Rule 14 of CCS (CCA) Rules, 1965 has been initiated on the allegations that applicant while working as Junior Engineer (Civil) in the year 1982 at Sriganganagar failed to supervise the construction work of MAX-I, TE Building under construction properly and violated provisions of CPWD Manual and failed to maintain absolute integrity, devotion to duty which amounts to misconduct under Rule 3(1) (i) (ii) and (iii) of CCS ( CCA) Conduct Rules, 1964.
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The applicant also challenged that the action of the respondents is arbitrary and unjustified in connection with initiation of departmental proceedings after 24 years on the ground that applicant failed to supervise the construction work of the building and also the action of respondent no. 2, who has issued present charge memo inspite of fact that allegation against the applicant on the basis of provisions of CPWD Manual nowhere justified such allegation, as per duties of Junior Engineer.
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Brief facts of the case are that the applicant was initially appointed as Junior Engineer (Civil) in the erstwhile Post and Telegraph Department and while working as Junior Engineer (Civil) in the year 1982 at Sriganganagar got completed the work of MAX-I, T.E. Building under the subordination of Assistant Engineer (Civil) Headquartered at Sriganganagar and during the construction higher authorities i.e. Executive Engineer and Superintendent Engineer also inspected the work frequently from to time and after completion of work competent authority i.e. Superintending Engineer issued completion certificate dated 04.06.1985 (Annexure A/3).
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The Department of Telecommunication even on formation of Bharat Sanchar Nigam Limited (BSNL) with effect from 01.10.2000 treating the Department as cadre controlling authority for the cadres of Assistant Engineer (Civil) and used to promote certain officials on the basis of common seniority list to the higher posts i.e. Executive Engineer. Against this action, the applicant approached this Tribunal by filing OA No. 472/2005 and 499/2006 with the relief that promotions to the post of Executive Engineer against the post of Department of Posts holding the post of Assistant Engineer (Civil) and action of Department of Telecommunication treating one department i.e. Department of Telecom and Department of Posts for the purpose of civil wing be declared illegal, arbitrary and to act as per policy framed while formation of BSNL. This Hon'ble Tribunal vide order dated 26.12.2006 by way of interim relief in OA No. 499/2006 restrained the Telecom Department from regular promotion to the cadre of Executive Engineer.
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The applicant due to this seniority in the department of Posts in the cadre of Assistant Engineer (Civil) is due for promotion to the post of Executive Engineer (Civil) but in the garb of cadre controlling authority of Department of Telecom, the applicant is not being allowed for his due promotion. Besides this Department of Telecommunication adopted wrong process for filing up the post of Executive Engineers lying vacant in the Department of Posts by diverting officials those opted Government service after formation of BSNL.
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It is alleged...
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