The Tribunal upheld the validity of a disciplinary authority's actions under BSNL CDA Rules, affirming that Article 311(2) does not apply to penalties short of dismissal.

ORDER

Per: Mr. Anindo Majumdar, Administrative Member:

The applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act , 1985 praying for the following relief(s):

“I. Rescind, recall, withdraw and cancel the order A1 not having been issued by the competent authority wielding the Appellate. Jurisdiction so as to be treated as a final order to decide on the charges brought against the petitioner and consequent effects thereupon.

II. Rescind, recall, withdraw and cancel the orders A2 & A3 and treat the petitioner as to have a clean slate till his retirement on 31.10.2019 so as to allow him all the consequential effects including promotions/upgradations as might be due vis-a-vis his seniority, for all intents and purpose.

III. Refix his last pay for the purpose of recasting of all his pensionary and other benefits.

IV. Amend/modify the Permanent Pension Order on the basis of the last pay as to be fixed after allowing promotion/upgradation and direct payment of all the arrears accrued thereby.

V. Certify and transmit the entire records and papers pertaining to the applicant's case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed in (I) to (IV) above.

VI. Pass such other order/orders and/or direction/directions as deemed fit and proper.

VII. Costs.”

Facts of the Case

2. The applicant is a retired officer of Bharat Sanchar Nigam Limited (BSNL). The applicant was initially appointed in the Department of Telecommunications in Calcutta Telephones. He was promoted as Assistant Accounts Officer in the P&T Accounts and Finance Service, Telecom Wing, Group B (Gazetted) in December 2000. After the Bharat Nigam Limited was constituted as a public sector undertaking with effect from 0.1.10.2000, the applicant had opted for permanent absorption in the said company. On the basis of the option exercised by the applicant, he was absorbed in BSNL permanently with effect from 01.10.2000 vide order dated 26^th February, 2004 (Annexure - A6) of the Department of Telecommunications , Ministry of Communications and IT, Government of India.

2.1 A disciplinary proceeding was initiated against the applicant vide Memorandum dated 30.06.2007 (Annexure - A2). The following articles of charge:

“Article of charge framed against Sri Rabindranath Kar (Staff No. 180541), the then Assistant Accounts Officer (Central), Calcutta Telephones under CAO (Central), Calcutta Telephones, presently Assistant Accounts Officer (TR)/City, Calcutta Telephones,

That the said Sri Rabindranath Kar (Staff No. 180541), while posted and functioning as Assistant Accounts Officer (Central), under CAO (Central), Calcutta Telephones, BSNL during 2002 and 2003 committed gross misconduct inasmuch as he did not properly process several bills of M/s Foujdar Construction, 38/3, Shibnarayan Das Lane, Kolkata-700006 and M/s Saikat Traders, 1A, Raja Lane, Kolkata-700009 for drawing of 10 & 20 pair PIJF cables overhead by the said firms and signed on several bills for payment without check which resulted in huge wrongful pecuniary loss to Calcutta Telephones.

Thus, by his abdove acts, the said Sri Rabindranath Kar (Staff No. 180541), AAO failed to maintain absolute integrity, devotion to duty and also acted in a manner which is unbecoming of a Public servant, thereby violated Rule 4(1)(a), 4(1)(b) and