Quashing transfer order does not automatically invalidate disciplinary action for unauthorised absence; employee must join despite challenge absent stay – absence period regularized as qualifying service without back wages.

ORDER

(Delivered by Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)

Shri S K Pandey, learned counsel for the applicant and Ms. Rachna Dubey, learned counsel for the respondents, were present at the time of hearing.

2. The instant original application has been filed seeking following relief:

“(i) issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 12.06.2009 and 15.01.2010 (Annexure A-1 & A-2).

(ii) issue a writ, order of direction in the nature of Mandamus directing the respondents to treat the period from 02.04.2003 to 12.01.2006 on duty with all consequential benefits as if no penalty was ever imposed upon the applicant.

(iii) issue any other writ, order or direction which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

(iv) The cost of the application may also be awarded in favour of the applicant.”

3. The applicant has filed this original application being aggrieved by the order dated 12.06.2009 passed by the respondents imposing the penalty of reduction to a lower stage by one increment from band pay of Rs 12,510/- to Rs 12,020/- in the time scale of pay Rs. 9300-34,800/- for a period of 3 years w.e.f. 12.6.2009 and during the currency of penalty withholding of increment of pay and on expiry of the period of penalty, the reduction will have the effect of postponing future increment of pay. He is also aggrieved by the order dated 15.01.2010 which has been passed by the Appellate Authority of the respondents thereby rejecting the appeal of the applicant preferred against the order dated 12.06.2009.

The brief facts of the case are that the applicant was initially appointed as Lower Divisional Clerk on 09.02.1981 and was posted at Ordnance Clothing Factory, Shahjahanpur. On 18.10.1993, he was promoted to the post of Auditor and was transferred to Kanpur and in 1996, he was again transferred to Shahjahanpur. On 13.05.1999, he was promoted to the post of Senior Auditor. On 06.03.2002, he was elected as Secretary of All India Defence Account Association, C.B. Pune Branch Account Office O.C.F., Shahjahanpur. The OA contends that on 02.04.2003, he fell ill and was under treatment of different renowned doctors and hospital of the respondents’ establishment but in the meantime, on 02.04.2003, he was transferred to Allahabad from Shahjahanpur without mentioning any specific grounds. The applicant has alleged that his transfer was affected due to a complaint submitted by one Sri Veer Bhadra Chauhan with false contents to the Defence Minister, Central Government and in that process, no explanation whatsoever was called from the applicant. The applicant approached before this Tribunal vide OA No 1236 of 2004 which was decided on 16.11.2005. But the applicant was issued a charge sheet by the respondents’ authorities, Allahabad on 08.07.2004 and subsequently, on 17.12.2004, the said charge sheet was converted into major penalty charge sheet and was issued by the Principal Controller Defence Accounts, Allahabad. Applicant has further contended that he also submitted several representations demanding certain documents from the respondents but for no avail. Enquiry Officer was appointed and subsequent to what the applicant claims and alleges to be an illegal inquiry wherein he was not given adequate opportunity to defend his case nor his replies / representations were considered by the inquiry officer, the applicant was issued the impugned order dated 12.06.2009. Applicant has further contended that challenging the order dated 12.06.