Central Administrative Tribunal - Kolkata
Munshi Sofiar Rohaman vs Bsnl on 27 October, 2025
1 O.A./350/296/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
OA/350/296/2025
MA/186/2025
Date of Order: 27.10.2025
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
Munshi Sofiar Rohaman (DOB 08.08.1965), son of Late Munshi Sayed
Rohaman, aged about 60 years, residing Kunjanagar Telua,
Palashdanga, P.O. Sagrai, P.S. Sagrai, Pin-713424, District- Purba
Bardhaman, West Bengal.
.........Applicant
-Versus-
1. BHARAT SANCHAR NIGAM LIMITED service through the Chairman &
Managing Director, Bharat Sanchar Nigam Limited, 7th Floor, Harish
Chandra Mathur Lane, Janpath, New Delhi-110001.
2. THE CHAIRMAN & MANAGING DIRECTOR, Bharat Sanchar Nigam
Limited, Corporate Office, Bharat Sanchar Bhawan, 7th Floor, Harish
Chandra Mathur Lane, Janpath, New Delhi-110001;
3. THE CHIEF GENERAL MANAGER, West Bengal Telecom Circle, Bharat
Sanchar Nigam Limited, 8 Red Cross Place, CTO Building (1st floor),
Kolkata-700001.
4. THE GENERAL MANGER, Asansol Business Area, West Bengal
Telecom Circle, Bharat Sanchar Nigam Limited, Kanyapur Polytechnic
Road, Asansol-713305.
5. DY. GENERAL MANAGER (CFA-1 & CM), Burdwan Division under
General Manager, Asansol Business Area, West Bengal Telecom Circle,
Bharat Sanchar Nigam Limited, Telephone Bhawan, Opposite Burdwan
Curzon Gate, G.T. Road, Burdwan- 713101 District- Purba Bardhaman.
........Respondents.
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc,
Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
Subhrajit Koley
PostalCode=712139, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.11.03 17:25:45+05'30'
Foxit PDF Reader Version: 2024.3.0
2 O.A./350/296/2025
For the Applicant : Mr. K Halder; Counsel
: Mr. Arpa Chakraborty; Counsel
For the Respondents : Mr. R Mukherjee; Counsel
: Ms. S Bhaduri; Counsel
O R D E R (O R A L)
Per: Hon'ble Mr. Suchitto Kumar Das (A):
1. Ld Counsel for both the parties are present.
2. Heard.
3. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
"a) To declare that the Order No. BDN/XT/2018-2019/Cable theft/17 dated 02/07/2018 for deemed suspension/ direction not to join duty with effect from 03.04.2018 until further order on account jail custody exceeding 48 hours passed by the BSNL authority has no validity after expiry of 90 days from the date of suspension from 03.04.2018 as per relevant provision of BSNL CDA Rules, 2006 and/or CCS (CCA) Rules, 1965;
b) To declare that after issuance of the Order No. BDN/XT/2018-
2019/Cable theft/17 dated 02/07/2018 for deemed suspension/direction not to join duty with effect from 03.04.2018 until further order not to be in force continuously for never ending and/or indefinite period and that has no validity beyond 90 days from the date (03.04.2018) of deemed suspension as per service rules since that has not yet been reviewed by the department for its extension as per principle of law and therefore direct the respondents to issue the order of revocation of suspension of the applicant and reinstate him in the service with retrospective effect from 02/07/2018 i.e. the day after expiry of 90 days from the effective date of suspension with effect from 03/04/2018 as contained in the deemed suspension Order No. BSN/XT/2018-19/Cable theft/17 dated 28/04/2018;
c) The respondent authority be directed that to pay the applicant all the pay and allowances as due and admissible by allowing all the benefits as accrued and admissible to him during the illegal period of extension/ continuation of suspension without review beyond the prescribed time limit as per rule along with Simple Interest @ 18% p.a. on the arrear pay and allowances for the said period of illegal extension of suspension beyond 90 days i.e. from 02.07.2018 till the applicant is reinstated in service;
d) The respondent authority be directed that illegal period of suspension beyond 90 days i.e. from 02.07.2018 till the day the applicant is reinstated in service counts for qualifying service with benefits of EPF/ ESI and retiral benefit like gratuity as admissible to him;
e) To quash/set aside the impugned order dated 28/04/2018 with direction to the respondent to reinstate the applicant in service;"
4. Ld Counsel for the applicant submits that the applicant although designated as a casual labour was drawing scale of pay and was also enrolled for PF and Gratuity. He further submits that the applicant along with some other Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.11.03 17:25:45+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A./350/296/2025 permanent employees was alleged to have been involved in a criminal case of cable theft for which they were detained in custody from 03.04.2018 to 17.04.2018. In the meantime, the authorities issued a letter/order dtd.
28.04.2018 with respect to the applicant. The said letter is reproduced below:
"In accordance to Burdwan PS case No. 226/2018 dated 03.04.2018, it is observed that 1. Uttam Roy. 2. Patit Paban Mali, 3. Munshi Sofiar Rohman
-all are listed casual labourers under the control of SDO Phones, Burdwan were detained at Burdwan Police custody and Jail custody on 03.04.2018 exceeding 48 hours under section 375/411/413/414 IPC. WHEREAS listed casual labourers, who has been arrested for an offence, has been sentenced to terms of imprisonment exceeding 48 hours shall deemed to have been directed not to join their duties.
NOW, THEREFORE the said casual labourers namely 1. Uttam Roy, 2. Patit Paban Mali, 3. Munshi Sofiar Rohman are deemed to have been directed not to join duties with effect from the date of detention i.e. 3rd April 2018 until further orders."
5. Ld Counsel for the applicant further submits that since the order said that the applicant was not permitted to join service until further orders the applicant approached the respondents via representations through proper channel several times, after his release from custody for permission to join duties. However, these representations from the applicant were not replied to by the respondents and the applicant is still without a job.
6. Ld Counsel for the applicant points out that the wordings of the above quoted letter says that the applicant was sentenced to imprisonment which is not correct, he was merely detained in custody. Therefore, there is a technical error in the letter/order dtd. 28.04.2018.
7. Ld Counsel for the applicant, therefore, prays for a direction upon the respondents to let the applicant join his duty. He fairly submits that the criminal case against the applicant is still pending and he has not been convicted so far.
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.11.03 17:25:45+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A./350/296/2025
8. Ld Counsel for the respondents submits that the applicant has been prevented from joining his duty w.e.f. 03.04.2018 and he has approached this Tribunal by way of this OA in 2025 only. Since there has been a delay of 07 years, the OA is barred by limitation. He further submits that the applicant is a casual labour and not a permanent employee. Since he was detained in custody and the criminal case against him is still pending, he has not been re- engaged.
9. Ld Counsel for the respondents, therefore, prays for dismissal of the OA on the grounds cited above.
10. Heard Ld Counsel for both the parties.
11. MA/186/2025, filed by the applicant for condonation of delay in filing the instant OA is allowed on being satisfied with the grounds therein.
12. From the records we find that the respondents vide their letter/order dtd. 28.04.2018 have informed the applicant that he is not allowed to join till further orders. The applicant has been making approaches to the authorities for permission to join. We find that no decision has yet been taken by the authorities on the various representations submitted to them by the applicant.
13. At this stage, we deem it fit to dispose of the OA by directing the respondents to consider the pending representations of the applicant.
14. In view of the above, the respondents/ competent authority is directed to consider the representations of the applicant dtd. 19.12.2018, 11.12.2024 and 18.01.2025, treating this OA as a part of the representations and to communicate their decision to the applicant by way of a reasoned, speaking Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.11.03 17:25:45+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A./350/296/2025 order within a period of 90 days from the date of receipt of certified copy of this order.
15. Further we make it clear that we have not entered into the merit of the case. All points are kept open for consideration.
16. Accordingly, both OA and MA are disposed of. No costs.
(Mr. Suchitto Kumar Das) (Smt. Urmita Datta (Sen))
Member (A) Member (J)
sk
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=133591138022710223v284IA59zvRrBc, Phone=ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.11.03 17:25:45+05'30' Foxit PDF Reader Version: 2024.3.0