CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/00689/2024 DATED THIS THE 17^TH DAY OF FEBRUARY, 2026 CORAM:

HON’BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)

HON’BLE DR. SANJIV KUMAR, MEMBER (A)

Sri Rangaswamy R S/o late Rangashetty, Aged about 63 years, Junior Engineer (Junior Telecom Officer), Office of the Telephone Exchange, Srirangapatna, Mandya District Residing at No. 395, HPO and RMS Layout, Shakthi Nagara, Mysore 570 029 .... Applicant (By Shri B.O. Anil Kumar, Advocate)

Vs.

1. The Senior General Manager, Telecom, Bharat Sanchar Nigam Limited (BSNL), Jayalakshmipuram, Mysore 570 029

2. The Chief General Manager, Telecom, Karnataka Circle, Bharat Sanchar Nigam Limited (BSNL)

No. 1, S.V. Road, Halasur, Bengaluru 560 008

3. The Chairman and Managing Director Bharat Sanchar Nigam Limited (BSNL), Barakamba Road, New Delhi 110 001 .… Respondents (By Shri N. Amaresh, Senior Panel Counsel)

O R D E R (ORAL)

PER: JUSTICE S. SUJATHA, MEMBER (J)

This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“(1) To issue a writ of Certiorari or any other appropriate writ or order quashing the impugned Order bearing: No. DISC-Rule-36/RR-JE/2019-20/05 dated 25.06.2021 (Ann-A10) issued by R1 and Appellate Order bearing No. HRD-II/5-32/DEEMED RESIGNATION/KTK/ 2022/13 dated 29.11.2023 (Ann-A12) issued by Respondent No. 2, with all consequential benefits.

(2) Pass such other order/s, as this Hon’ble Tribunal deems fit, in the facts and circumstances of the case, in the interest of justice and equity.”

2. Facts in brief as narrated by the applicant are that he was initially appointed as Technician temporarily in the Indian Postal Telecom Department with one year training from 30.03.1981 to 29.03.1982. After completion of prescribed training, he was appointed as Technician on 01.07.1982. Further, he was promoted as Telecom Technical Assistant on 30.11.1996. In view of bifurcation of the Indian Postal Telecom Department into Department of Telecom and Department of Bharat Sanchar Nigam Limited (BSNL) in the year 2000, option was called by the respondents for absorption from the employees. Accordingly, the applicant exercised his option for absorption in the Department of BSNL in the same service condition with effect from 01.10.2000. Subsequently, the applicant after undergoing induction training for 16 weeks successfully got promotion as Junior Telecom Officer (JTO) and posted to Srirangapatna on officiating basis. In the meantime, the Assistant General Manager (Admin), Office of the Telecom District Manager (TDM), Mandya had transferred the applicant from Srirangapatna to Nagamangala to the post of Sub-Divisional Engineer (SDE), which is a lower post. As the applicant was under medical treatment, he could not attend the office and perform duty at Nagamangala from 02.01.2015 to 24.11.2015 after submitting the leave application. The applicant was denied opportunity to report for duty on 26.11.2015 at Srirangapatna. The same was communicated to the Assistant General Manager (Admin), Mandya by person as well as through registered post with acknowledgement due but the respondents have not permitted the applicant to report for duty and no order was issued in this regard. However, the respondents have taken paper publication dated 02.01.2015 alleging unauthorized absence of the applicant for duty pursuant to which the applicant submitted the representations dated 03.03.2016 and 04.03.2016, denying the same. In the meantime, the respondents have stated to have been issued charge sheet and the same was said to have been served upon his last known address which was returned back with remarks of “addressee absent regularly" by the postal department. A final notice was served on 25.05.2021 as the last opportunity to appear and defend himself against the charges framed. Thereafter, the respondents have taken one more paper publication on 02.06.2021. The applic