I.A. Ansari, J.

1. By making this writ application, made under Article 126 of the Constitution of India, the petitioner, who, while serving as Executive Engineer, was awarded the penalty of censure, has put to challenge the order, dated 02.08.2010, passed, in Transfer Application No. 04 of 2009, by the learned Central Administrative Tribunal, Guwahati Bench, (hereinafter referred to as Tribunal), whereby the petitioner's application, seeking to get set aside and quashed the order, dated 20.09.2005, imposing penalty of censure, and also the order, dated 18.06.2006, whereby, upon review, the penalty of censure was maintained by the authorities concerned. By this writ application, the petitioner has also sought for directions to be given to the respondents to consider the petitioner's claim for regularization of his promotion to the cadre of Executive Engineer (Civil) along with his batch-mates in terms of the order, dated 05.04.2005, with all consequential benefits. We have heard Mr. U.K. Nair, learned counsel for the petitioner, and Mr. D. Chakrabarti, learned Central Government counsel, appearing for the respondents.

2. While the petitioner was serving as Executive Engineer (Civil), Telecom Civil Division, Silchar, Assam Telecom Circle, BSNL, he was served with a memorandum, dated 11.06.2001, informing him that action, under Rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as CCS Rules), had been proposed to be taken against him. The memorandum, so served on the petitioner, contained statement of imputations of misconduct or misbehavior, which, according to the disciplinary authority, warranted action against him in terms of Rule 16 of the CCS Rules.

3. The statement of imputation of misconduct or misbehavior, served on the petitioner along with the memorandum aforementioned, read as under:-

Statement of imputations of misconduct or misbehaviour on which action is proposed to be taken against Shri J.B. Singh, formerly AEE (Civil), Telecom Civil Sub-Division. Gonda, and now EE(C), TCP, Silchar, Assam Telecom Circle, Guwahati.

That the said Shri J.B. Singh, while functioning as AEE(Civil), TCD, Gonda, during the period from 21.06.1996 to 14.05.1997, was incharge of following sites of Civil works:

2. That it was incumbent on the said Shri J.B. Singh to exercise consistent supervision to ensure the qualify of the civil work and materials used are as per agreement and technical specifications on various sites.

3. During surprise visit by the team of DOT, New Delhi and Civil experts, the following observations were made.

(i) At Ruknapur site the work of modified 1 type-III quarter and compound wall amounting to Rs. 7.08 lakhs was in progress. There were 8000 bricks of mixed quality containing over burnt as well as deformed bricks. On visual appearance, it was observed that about 20 percent to 30 percent of total quantity of bricks of law quality were non-conforming to the agreement. The said Shri J.B. Singh has averted the same in his statement and Shri Prabhakar Misra, JE(C) has also corroborated the aforesaid observations in his statement.

(ii) At Fakharpur site, about 8000 bricks were also found lying stocked at site. About 50 percent to 60 percent of these bricks were noticed to be of inferior quality and were being used in spite of the instructions of the SE(C) for not starting the work till the bricks of proper specifications were brought at site and got tested and approved for use during his visit on 30.4.97. Thus the said Shri J.B. Singh failed to comply with the order of the SE(C).

(iii) At Hazurpur site, 12,000 defective bricks were lying which were rejected and ordered by XEN(C) for removal from site including 5000 bricks being unloaded which were also not of good quality as per specifications of CPWD.

(iv) At Mahsi site, about 9,000 defective bricks were brought to the site, out of which about 10 percent to 15 percent bricks of the total quantity appeared to be