Central Administrative Tribunal Principal Bench, New Delhi O.A. No.1607 OF 2019 Orders reserved on : 20.11.2025 Orders pronounced on : 5.12.2025 Hon’ble Mr. R.N. Singh, Member (J)

Hon’ble Mr. Rajinder Kashyap, Member (A)

Dev Raj Singh, Age-56 years, Junior Technical Officer-I Group -B, Subject: Removal from Service S/o Sh. Jagdish Prasad, R/o C-69, Sector-37, Greater Noida(UP).

...Applicant (By Advocate: Shri Sachin Chauhan)

VERSUS

1. Union of India, Through its Cabinet secretary, Govt. of India, New Delhi.

2. The Cabinet Secretary, Cabinet Secretariat, Rastrapati Bhawan, Raisina Hill Road, New Delhi-11.

3. The Director General .(Security), Directorate General of Security, Cabinet Secretariat, East Block-V, R.K. Puram, New Delhi-66 4. The Special Secretary, Aviation Research Center, Directorate General of Security, Cabinet Secretariat, East Block-V, R.K. Puram, New Delhi-66.

5. Sh.D. Pattanaik, Dy. Director (Admn.), Aviation Research Center, Directorate General of Security, Cabinet Secretariat, East Block-V, R.K. Puram, New Delhi-66.

...Respondents (By Advocate: Shri R.K. Jain)

O R D E R Hon’ble Mr. Rajinder Kashyap, Member (A):

By filing the present OA under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking the following reliefs: "8.1 To quash and set-aside the order dated 25 .1. 2018 whereby the extreme punishment i.e. removal from service is being imposed upon the applicant, order dated 7. 5. 2018 whereby the statutory appeal made against the order of removal from service has been rejected and to further direct the respondent that applicant be reinstated back in service forthwith with all consequential benefits including seniority & promotion and pay & allowance.

8.2 To quash and set aside the memorandum dated 16.7.2015 whereby D.E. is being initiated along with Article of Charge and Imputation of Misconduct.

8.3 To quash and set aside the order dated 28.4.2016 whereby request for change of E.O. has been rejected.

8.4 To quash and set aside the order dated 2.2.2016 whereby the request of applicant for providing defense document has been rejected.

8.5 To quash and set aside the Order dated 25.1.16 whereby it was communicated that Defense Assistant of the applicant i.e. Sh. Amrik Singh was rejected by the respondent and the applicant can have Defense Assistant from ARC only.

8.6 To quash and set aside the order dated 23.2.2016 whereby defense assistant is being allowed subject to fulfilling various conditions.

8.7 Report dated 25.11.2017 Or/and Any other relief which this Hon'ble court deems fit and proper may also be awarded to the applicant."

FACTS OF THE CASE

2. After rendering 26 years of service in the Indian Air Force, the applicant joined the Aviation Research Centre (ARC) on 05.05.2007 as Junior Technical Officer Grade-II at Sarsawa, Saharanpur, following a distinguished 26-year career in the Indian Air Force. It is stated by the applicant that he earned commendation certificates during his tenure both in the Indian Air Force and in ARC (Annexures 46 and 47).

2.1 The applicant was transferred from Sarsawa (near Saharanpur) to Delhi w.e.f. 01.06.2010 after completion of three years, and was deployed at ARC Palam.

2.2 Thereafter the applicant was transferred from Delhi to Sarsawa vide order dated 13.08.2013. At that time, although the applicant had completed only three years in Delhi, there were about 6 to 8 officials in the applicant’s own trade (JTO-II Radar) and around 70 to 80 officials in general, who had remained in Delhi for much longer periods, many for 10 to 15 years without being transferred even once. The applicant submitted representations dated 21.08.2013 (Annexure A-22) and 23.08.2013 (Annexure A-23) to the Special Secretary, ARC Headquarters, pointing out that the officers with a much longer stay had been retained while he alone had been singled out.

2.3 The competent authority (Special Secretary, ARC) vide order dated 06.09.2013 cancelled the aforesaid order of transfer of the applicant from Delhi