Central Administrative Tribunal - Patna
Binod Kumar Baraik vs Central Ground Water Board on 14 December, 2022
1
OA 896/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
CIRCUIT BENCH, RANCHI
O.A. No. 051/00896/2022
Order dated:14th December, 2022
CORAM
HON'BLE MR M.C. VERMA, MEMBER [J]
HON'BLE MR S.K. SINHA, MEMBER [A]
Binod Kumar Baraik, S/o- Late Mahadeo Baraik, resident of -
Kugaon, PO- Kugaon (Ghagra), PS- Ghagra, District- Gumla,
Jharkhand.
....... Applicant.
By Advocate :- Shri Mithilesh Singh
-Versus-
1. Union of India through, Secretary, Department of Water
Resources, River Development and Ganga Rejuvenation, Shram
Shakti Bhawan, Raji Marg, New Delhi-110001.
2. The Chairman, Central Ground Water Board, Bhujal Bhawan,
NH_IV, Faridabad, Haryana-121001.
3. Director (Admn.), Central Ground Water Board, Bhujal Bhawan,
NH_IV, Faridabad, Haryana-121001.
4. Head of office, Central Ground Water Board, South Eastern
Coastal Region, E-1, C-Block, Rajaji Bhawan, Besant Nagar,
Chennai- 600090.
5. Executive Engineer, Central Ground Water Board, South Eastern
Coastal Region, E-1, C-Block, Rajaji Bhawan, Besant Nagar,
Chennai- 600090.
6. Executive Engineer, Central Ground Water Board, Division No. V,
River Development and Ganga Rejuvenation, Ministry of Water
Resources, Government of India, Having office at- 3k-8, Harmu
Housing Colony, Harmu, Ranchi-834002.
......... Respondents.
By Advocate :- Shri Vinod Kr. Sahu.
O R D E R (O R A L)
M.C. Verma, Member[Judicial]
1. Applicant being aggrieved by this order No. 08 of 2022 issued by the Head of Office, Central Ground Water Board, South Eastern Coastal Region, Department of Water Resources, River Development & Ganga Rejuvenation, Chennai has preferred the instant OA.
2 OA 896/20222. Vide said order applicant under Sub-Rule (1) and (2) of Rule 12 of CCS (Leave) Rules1972 by approval of the Chairman of aforesaid authority has been declared to be deemed to have resigned from Government Service w.e.f. 16.07.2015. Heard.
3. Ld. Counsel Mr. Mithilesh Singh appearing for applicant pressed the OA on behalf of the applicant and submitted that applicant, Staff Car Driver was previously posted at Ranchi and vide order dated 13.03.2015, he was transferred to Chennai. He joined his transfer place on 26.03.2015 and that taking leave for a period from 09.07.2015 to 15.07.2015 came to his home town at Ranchi but unfortunately he fell ill and he remained under treatment for neurological/mental disease/ disorder under Dr. Ashok Kumar Prasad (Neuro-Psychiatrist) at Ranchi. That Department was well aware about his ailment that after declaring fit the applicant went to Chennai and applied to join duty on 1st March, 2022 but he was not allowed and rather the impugned order was passed giving aforesaid backdrops, Ld. Counsel argued that the order impugned is bad in law. It is having no reference of reply of this show cause of the applicant and that applicant is a poor Staff Car Driver. He was no well conversant with the formalities. That it is not a case of willful absence but was because of compelling circumstances. He requests to pass appropriate order, to issue notice and set aside the impugned order after giving opportunity to the respondent to file written statement. Ld. Counsel for respondent vehemently opposed the maintainability of the OA. He urged that it is an absence period of more than 7 years. Applicant never submitted any medical certificate. Though time and again he was instructed to submit the medical certificate. That he is a habitual absentee and the documents attached with the OA fortify the submissions. He asked that this OA is nothing but abuse of process of law. There is no illegality in the impugned order and OA may be dismissed.
4. Considered the submissions. During hearing it is enquired from counsel for applicant whether prior to March 2022, in intervening period from July 2015 to February 2022, prior to reporting 3 OA 896/2022 to join duty whether any medical certificate whatsoever was submitted by the applicant and his answer is in negative. Annexure (A/3) placed on record by the applicant reveals that applicant was instructed to submit medical certificate in lieu of absence since 16.07.2015 and was also instructed to join his duties immediately. Letter no. Div.IV/1- 335/2015-Estt.1972 dated 06.10.2017 which is at page 20 of the OA has been placed on record by the applicant shows that after his transfer to Chennai, applicant did join duty thereon 26.03.2015 and he proceeded on leave for period from 06.04.2015 to 10.04.2015 and supposed to join his duty on 13.04.2015 but he did join duty on 30.06.2015. His explanation was called for and he didn't give any satisfactory reply but again submitted leave letter w.e.f. 09.07.2015 to 15.07.2015 and proceeded on leave. He was supposed to join on 16.07.2015 but he didn't join. The letter also reflects that he is in habit of getting absent without information. There are certain request letters on record purportedly written by the applicant to the Respondent Authorities. Letter dated 30.10.2017 illustrates that vide this letter, applicant informed the authorities that his medical checkup is fixed for 14.11.2017 and thereafter he would join the duty. Further the record reveals that applicant was given notice on 14.12.2021 for his unauthorized absence and reflected the rules position. Explanation was called for from his as to why Rule 12 of CCS Rules, 1972 be not invoked. We also had the glance of Medical Certificate, it is of bad in nature. Neither is it having the full details of treatment of 7 years whether he was treated as indoor patient or outdoor patient. About the details of his medical certificate is also having some other procedural lapse. OA is devoid of merit and deserves dismissal and is dismissed at notice stage hearing.
[S.K. Sinha] [M.C. Verma] Member [A] Member [J] /du/