Judicial review of Art. 311(2)(c) dismissal orders limited; referred to Full Bench for security-related cases post-committee and Presidential review.

ORDER

Hon'ble Dr. Sumeet Jerath, Member (A) :

The instant OA has been filed by the applicant under section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs :-

“(i) To call for all the records of the case from the Respondents pertaining to the events/ incidents mentioned in the O.A. leading to issue of impugned dismissal Order No.1/C-8/2020 (20)-258 Dated 03.02.2021.

(ii) To quash the impugned dismissalOrderNo.1/C-8/2020 (20)- 258 Dated 03.02.2021 being arbitrary, illegal and thus non est and order reinstatement of the applicant with all consequential benefits.

(iii) To quash the impugned suspension Orders No.4/Est/2020(1)- 342 dated 24.01.2020, dated 23.04.2020,20.07.2020 and 16.10.2020 being arbitrary, illegal and thus non est with all consequential benefits.

(iv) To quash the entire proceedings under Clause(c) to the second proviso under Article 311(2) of the Constitution of India because of irregularities and illegalities committed during the proceedings.

(v) To pass orders for initiation of disciplinary proceedings against Respondent No.3 to 7 for misconduct as per O.M. No. 11013/2/2004-Estt.(A) dated 16.02.2004, given as Decision No.9 under Swamy's CCS(CCA) Rules, 1965.

(vi) To allow the OA with cost.

(vii) To pass any other orders may also be passed as this Hon'ble Tribunal may deem fit and proper in the existing facts and circumstances of the case.”

2. The factual matrix of the case as per the counsel of the applicant is that the applicant was recruited by the Intelligence Bureau, Ministry of Home Affairs, through campus recruitment as ACIO-II/G (Executive) on 07.07.2014. He joined SIB Bengaluru on 24.02.2015 and was subsequently transferred to Kushalnagar Unit as Unit In-charge on 07.03.2015. During his tenure, the applicant performed his duties with distinction, secured first rank during training, received several certificates of appreciation and awards, successfully completed probation and was confirmed as ACIO-I/G. Despite his good service record the Respondent No.3, the then Joint Director showed her displeasure with him and some other officials. During the period from 26.11.2019 to 28.11.2019 the applicant was assigned duty to cover the event of visit of the American Ambassador to the Tibetan Settlement at Kushalnagar. He submitted his report on 28.11.2019. However, the applicant was taken by officers of SIB Bengaluru for inquiry/interrogation under the verbal directions of the respondent No.3 and upon interrogation, the team from the headquarters reportedly did not find anything incriminating against the applicant and recorded that he was innocent. Subsequently, on 09.12.2019 his transfer orders were issued transferring him to Bengaluru with retrospective effect from 02.12.2019, though he actually joined SIB Bengaluru on 09.12.2019. Thereafter, efforts were allegedly made by certain officers to compel the applicant to resign from service, which he refused. Moreover, he was placed under suspension vide order dated 24.01.2020 and the suspension continued through subsequent extensions dated 23.04.2020, 20.07.2020 and 16.10.2020, resulting in a total suspension period of 375 days, without revising the subsistence allowance after the first 90 days and without initiation of any disciplinary proceedings. Aggrieved by the prolonged suspension without issuance of any charge-sheet, the applicant submitted a representation dated 26.12.2020 to the Addl. Deputy Director, SIB Bengaluru, which remained unanswered. Subsequently, the respondents dismissed the applicant from service vide order dated 03.02.2021 which was served upon him on 09