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RESERVED

THE HIGH COURT OF MEGHALAYA

WP(C). No. 398 of 2010

Shri Prabhat Chandra Das, S/o Late Gopal Chandra Das, Qtr. No. DM 30/4

Deodgenline, Shillong Cantt. Shillong.

…Petitioner

-Versus-

1. The Union of India, Represented by Secretary to the Government of India,

Ministry of Defence, South Block, New Delhi – 110001.

2. Directorate General of EME (Civ), Master General of Ordnance Branch,

Army Headquarters, DHQ Post, New Delhi – 110001.

3. Major General, Electrical Mechanical Engineering, (MGEME), HQ Eastern

Command (EME Branch), Fort William, Kolkata – 21.

4. Station Commander, Station Headquarters, EME, Shillong.

5. Officer Commanding, 306 Station Workshop EME, C/o 99 APO.

6. Asstt. Executive Engineer (AEE), 306 Station Workshop EME, C/o 99

APO.

7. Lt. Col. JS.Bains, Officer Commanding, 306 Station Wksp EME, C/o 99

APO.

8. Shri RC.Nath, Subedar, JC – 750768X, 306 Station Wksp EME, C/o 99

APO.

…Respondents

AND

WP(C). No. 400 of 2010

Shri Bihari Singha, S/o Late Kunjeswar Singha, Qtr. No.MES 93/2, Deodgenline,

Shillong Cantt. Shillong.

…Petitioner

-VERSUS-

1. The Union of India, Represented by Secretary to the Government of India,

Ministry of Defence, South Block, New Delhi – 110001.

2. Directorate General of EME (Civ), Master General of Ordnance Branch,

Army Headquarters, DHQ Post, New Delhi – 110001.

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3. Major General, Electrical Mechanical Engineering (MGEME), HQ Eastern

Command (EME Branch), Fort William, Kolkata – 21.

4. Station Commander, Station Headquarters, EME, Shillong.

5. Officer Commanding, 306 Station Workshop EME, C/o 99 APO.

6. Asstt. Executive Engineer (AEE), 306 Station Workshop EME, C/o 99

APO.

7. Lt. Col. JS.Bains, Officer Commanding, 306 Station Wksp EME, C/o 99

APO.

8. Shri RC.Nath, Subedar, JC – 750768X, 306 Station Wksp EME, C/o 99

APO.

…Respondents

Mr. M.Chanda, Advocate, Mr. S.Choudhury, Advocate, Mr. P.Nongbri, Advocate,

Mr. N.Mozika, Advocate, Mr. U.Dutta, Advocate present for the petitioners.

Mr. SC Shyam, Senior Advocate, Mr. Bijoy Deb, Advocate, Miss Zonunmawii,

Advocate, Miss Madhumita Singha, Advocate present for the respondents.

Date of Hearing 4^th November, 2013

Date of Judgment & Order 11^th November, 2013

HON?BLE THE CHIEF JUSTICE,

and HON?BLE MR. JUSTICE T. NANDAKUMAR SINGH

JUDGMENT AND ORDER

ORAL:

Hon?ble Prafulla. C. Pant, Chief Justice

By means of these 2(two) writ petitions, the writ petitioners have

challenged a common order dated 24-9-2010 passed by Central Administrative

Tribunal (CAT), Guwahati Bench in O.A. No. 73 of 2010 and O.A. No. 74 of 2010

whereby the Tribunal has dismissed the 2(two) applications filed by the

petitioners before it. In said applications, the writ petitioners had challenged the

validity of charge sheets memo dated 11-7-2001, inquiry reports dated 7-7-2003

and 10-7-2003, penalty orders dated 15-4-2005 and orders of the Departmental

Appellate Authority dated 6-2-2010. Petitioners also sought their reinstatement in

service with consequential benefits.

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2.

Heard learned counsel for the parties and perused the affidavits filed in

both the writ petitions.

3.

Brief facts of the case are that the writ petitioner, Shri Prabhat Chandra

Das was engaged as >mazdoor? (labour) in the year 1982 by the Electrical

Mechanical Engineers (EME), Eastern Command and later promoted as Vehicle

Mechanic (Mate) in 1991. Thereafter, he was promoted to the post of Mechanic

(Motor Vehicle) in the year 2000, but reverted. He was Vice President of the

Civilian Workers Union, Shillong at the Station Workshop of EME. As far as writ

petitioner, Shri Bihari Singha is concerned, he was appointed as Civilian

Electrician (Motor Vehicle) on 13-9-1982 in 1 Advance Base Workshop. He was

working on said post at Station Workshop of EME. He was General Secretary of

Civilian Workers Union of Station Workshop of EME, S