Excelsior Correspondent
JAMMU, June 18: The Central Administrative Tribunal (CAT) bench comprising Sanjeev Gupta and Pragya Sahay Saksena, while giving major relief to a retired Government employee, has quashed 25-year-old discharge order with the direction to the Government to release 50% of back wages along with pensionary benefits.
The case pertains to the discharge of the applicant from Government service on for alleged misconduct involving contracting multiple marriages without prior permission.
After hearing Advocate Aseem Sawhney for the applicant whereas Deputy AG Hunar Gupta for the UT, the CAT said that the termination was carried out without holding any departmental inquiry, thus violating Article 311 of the Constitution and principles of natural justice.
The CAT observed that “lackadaisical and arbitrary” conduct of the authorities caused serious prejudice to the applicant. It said that discharge was in complete violation of Article 311 and Section 126 of the J&K Constitution, as well as the J&K Civil Services Rules, 1956.
The CAT remarked that the matter has been pending adjudication for over 25 years and the Government acted in a mechanical and indifferent manner. “Since the applicant has now retired, reinstatement is not possible. However considering the illegal nature of the termination and prolonged litigation, we direct payment of 50% back wages”, the CAT added.
The applicant had earlier approached the High Court and despite directions, the respondent authorities delayed adjudication, failed to conduct proper inquiry, and passed adverse orders in 2012 and 2013 which is more than 8 years later. Multiple writ petitions and a contempt petition followed, leading to the current Transferred Application.
The applicant, a Warden in the Prisons Department, was promoted in 1994 to Selection Grade. While posted at District Jail, Kathua, his wife Maqsood Begum filed a complaint alleging he had contracted three marriages. Without conducting any enquiry or providing an opportunity of being heard, he was discharged from service within 13 days by order dated 16.02.2000, allegedly in violation of J&K Civil Services Rules.
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