CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH Present: Hon’ble Mr. Rajinder Singh Dogra, Member (J)

Hon’ble Mr. Ram Mohan Johri, Member (A)

Ashok Kumar Gupta aged 59 years, S/o Sh. S.P.Gupta, R/O 228/6, Channi Himat, Jammu, Presently Chief Engineer (Electrical), B.S.N.L., Jammu.

……Applicant VERSUS

1. Union of India Through Secretary to Government, Department of Telecommunication New Delhi, Sanchar Bhavan, Ashoka Road, New Delhi.

2. Chairman/ Managing Director, B.S.N.L., Corporate Office, Bharat Sanchar Bhavan, Janpath, New Delhi.

……Respondents For the applicant : Mr. Anuj Dewan Raina, counsel For the respondents : Mr. Raghu Mehta, ld. Sr. CGC Ms. Deepali Arora, counsel Heard on : 3.4.2025 Pronounced on : 3.9.2025 INDRANI Digitally signed O R D E R Per Hon’ble Mr. Rajinder Singh Dogra, J.M.

The applicant (i) Allow this application.

(ii) Issue writ in the nature of certiorari quashing order No

2-52-208-VM-II (PT-II)/38 dated 17-08-2012, issued by respondent No. 2 whereby reduction to lower stage by two stages in the Time Scale of pay till retirement i.e. 31.12.2012 of the applicant have been ordered with immediate effect and during the period of such reduction, the applicant shall not earn any increment of his pay.

(iii) Further by issuance appropriate writ to declare the impugned order as non-est in law and entitlement of the petitioner to all the benefits permissible in law (iv) Any other writ, command, direction or order as the facts of this case demand and this Hon'ble Court may deem just and proper in favour of the petitioner.

2. The fact of the case is that -

a) The applicant while functioning as Chief Engineer (Electrical) BSNL, the Electrical Zone, Bhopal, during the year 2002, was discharging his duties in connection with issuance and acceptance of tender for award of contract for the work of SITC of 75 X 7.5 KVA, E/A Sets for installation in the TE Building at different stations under BSNL Electrical Division, Bopal. He was then alleged to have committed some irregularities as per allegations of respondents.

b) The illegalities attributed to the applicant are as under -

INDRANI Digitally signed (i) He did not ensure that corrigendum No. 55 (B- 616)/EE(E)/BSNL-BPL/2001-03/825 dated 12.9.2002, extending the date of issue, date of submission, and date of opening of tenders, was released to the press as had been done in the case of the Notice Inviting Tenders (NIT)

(ii) He irregularly directed the consideration of an unsigned and invalid letter No. RAS/BHOPAL/2002-03 dated 15.9.2002 submitted by M/S Rashtriya Audhoyogic Sansthan, offering a special discount of Rs.1800/- per set for some other work; and took in to account the special discount so offered, to adjudge the said tenderer as L-1 awarded the contract worth Rs. and 34,39.000/- to the said tenderer."

c) Consequent upon above, the respondents initiated a regular inquiry to enquire into the charges leveled against the applicant. Jamana Parsad, General Manager (BD) O/o CGMT Chhattisgarh Telecom Circle, Raipur was appointed as Inquiry authority vide letter dated 13.2.2006. Inquiry officer submitted his report on 12.5.2008 to DOT, holding the articles of charge is not proved. It appears from the record when the report of Inquiry Officer was placed before the Competent Authority i.e. President of India the INDRANI Digitally signed Competent Authority vide its order dated 4.9.2008, has recorded in the following manner:

"Whereas, at this stage it has been brought to the notice of the President that Sh. A.K. Gupta, Chief Engineer (Electrical) stand absorbed in BSNL w.e.f. 21-10-2005 and the President is no more the disciplinary authority in this case.”

Therefore, the President has ordered that the competent disciplinary authority in BSNL shall take action for initiation of disciplinary proceedings against the applicant without prejudice to the action whatever already taken. The President has further ordered that the charge sheet issued to the applicant vide Memo No. 8/126/2005-Vig.ll dated 25.1