Resignation withdrawal acceptance condones service interruption per DOPT OM; invalidates subsequent disciplinary action for unauthorized absence.

ORDER 

Mr. Pramod Kumar Das, A.M.

The applicant challenging the memorandum of charges under Annexure A/13 series, penalty order vide Annexure A/22, appellate authority order dated 11.03.2016 (A/26) and revisional authority order dated 06.06.2017 (A/28) has filed this OA praying for the following reliefs:

a) The impugned order dated 30.04.2015 to hold disciplinary enquiry along with the memorandum of charges filed under Annexure A/13 series may be quashed being passed in violation of provisions of Pension Rule regarding acceptance of resignation.

b) The major penalty order dated 07.01.2016 (A/22) which has been passed by the disciplinary authority (Respondent No. 4) on being illegally influenced by the action and ill motive Respondent No. 4 may be quashed by declaring the same as illegal, arbitrary and unreasonable.

c) The appellate authority order dated 11.03.2016 (Annexure A/26) which has also been passed by the Respondent No. 3 in a pre-decided manner with malafide intention may also be quashed being an outcome of ulterior motive of the Respondent No. 3 & 4.

d) The revisional order dated 1/6.6.2017 (Annexure A/28) passed by the Respondent No. 2 also be quashed being passed without application of mind and proper appreciation of applicant’s case.

e) The respondents may be directed to extent all service benefits which the applicant have suffered includes financial loss and seniority because of imposition of major penalty award passed on 7.1.2016 filed under Annexure A/22 and applicant may be restored to his position in the seniority list forthwith and may be promoted to the post of ACIO – I w.e.f. 15.07.2015 when his batch mates and persons remained in the seniority list have been promoted to that post. Further the arrears which are to be calculate after restoring the applicant in his promotional post and previous time scale position may also be paid to the applicant.

f) Any other order(s) as may deemed just and proper may be passed in order to give complete relief to the applicant.

2. The brief facts of the case as inter alia averred in the OA is that the applicant was initially posted at Subsidiary Intelligence Bureau (SIB), Meerut in June 2010 and thereafter was transferred to SIB Bhubaneswar just before completion of his tenure at SIB, Meerut therefore not allowing the applicant to exercise any option for posting as per policy of Annual General Transfer (AGT). It is submitted that the applicant had joined SIB Bhubaneswar on 11.01.2013 and had applied for home state postings in AGT 2013, 2014 and 2017 but his requests for transfers were turned down. It is submitted that due to family duties/responsibilities and service related duties/responsibilities the applicant was under pressure and he had applied for 10 days EL on 08.07.2014 w.e.f. 06.07.2015 to 20.07.2014 mentioning about illness of his wife and newborn baby with an undertaking to join duties after completion of his leave. It is submitted that his leave application was submitted before DCIO, Angul which was forwarded to Bhubaneswar Office on 08.07.2014 but nothing was communicated to him till night of 08.07.2014. It is submitted that the applicant had submitted his resignation before the DCIO Angul at about 10.20 pm and left for his native thereafter. It is submitted that earlier too his applications for EL were rejected by the respondent no. 4. It is submitted that the DCIO, Angul forwarded the resignation letter to the office of Respondent NO. 3 & 4 and they started processing the same without taking into consideration the mental and social condition of the applicant which shows their intention as malafide. It is submitt