ORDER

Singh, J. -- 1. This Misc. Petition under Article 227 of the Constitution of India is preferred being aggrieved by the order dated 22.9.2023 in Original Application No.201/00749/2018 by the Central Administrative Tribunal, Jabalpur Bench Circuit Sittings : Indore (Annexure-P/1) whereby setting aside the punishment of removal of respondent from service, the matter has been remitted back to the disciplinary authority for passing the order afresh in accordance with the leave rules seeking following reliefs :--

"This Hon'ble Court be pleased to issue a writ of certiorari to call for the record pertaining to the order passed in O.A. No. 749/2018 passed by Hon'ble Central. Administrative Tribunal Jabalpur Bench Circuit Sitting At Indore, M.P. and after perusal of the same be pleased quash the order dt. 22.9.2023.

Allow this petition with costs.

Any other and further relief, as may be deemed fit may be granted to the petitioner".

2. Facts of the case in brief are that respondent (applicant before the Central Administrative Tribunal) was initially appointed as Junior Telecom Officer in the BSNL in the year 2003. He submitted an application dated 22.1.2007 before Assistant General Manager, Telecom Ahmedabad seeking permission to join Master of Science Programme in advanced IT with specialization in advanced networking and Telecommunication from International Institute of Information Technology, Pune by pursuing MS course in advance networking and telecommunications scheduled to be held w.e.f. 26.2.2007 intending to join the course at his own cost and leave without pay for study period i.e. w.e.f. 26.2.2007 to 30.6.2008. The application for grant of leave without pay was rejected vide order dated 24.2.2007 treating the same to be a case of study leave on the ground that the respondent/applicant had not completed 5 years continuous service from the date of his appointment with probation period. The respondent/applicant submitted another application on 30.6.2007 and proceeded ahead in a bonafide belief of sanctioning of his earlier application for grant of extra ordinary leave for study purpose in the institute under full knowledge of his superior authorities. To the utter surprise, the applicant came to receive a letter dated 19.10.2007 from Sub Divisional Engineer (NIB), Ahmedabad alleging unauthorized absence from duty by the respondent/applicant and calling upon him to resume his duties forthwith failing which disciplinary action shall be taken against him.

3. The respondent/applicant in response to the letter clarified on 8.1.2008 that before joining the course, he applied for extra ordinary leave through proper channel for study purpose by furnishing all the minutes detail of the course to be pursued by him. Again letters were issued to the respondent/applicant 17.9.2008, and lastly on 13.10.2008 calling upon the respondent/applicant on 2.1.2008, 15.2.2008, 5.8.2008, to resume his duties forthwith failing which he was warned of disciplinary action, which shall be taken against him for his alleged unauthorized absence from duty. The respondent/applicant was informed vide letter dated 18.3.2009 about non-grant of extra ordinary leave for study purpose by the competent authority. The respondent/applicant reported for duty on 1.7.2009 at the NIB, Ahmedabad and also submitted a certificate of Institute communicating the course study by him during his stay at the institute. Instead of appreciating the effort of respondent/applicant, he was issued with a memorandum dated 24.6.2009 by the General Manager (O), Ahmedabad proposing to hold a departmental enquiry against him under Rule 36 of BSNL CDA Rule, 2006 levelling two charges of unauthorized absence from to 24.06.2009. The Leve 1.10.2007 duty w.e.f. respondent/applicant submitted a detailed and exhaustive reply to the charge sheet. Being dissatisfied by the explanation so offered by the respondent/applicant, the disciplinary authority directed for holding of an enquiry under the