Justin Raj D.S. v. The Chairman And Managing Director

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 OP (CAT).NO. 7 OF 2015 (Z) --------------------------- OA 687/2010 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH .......

PETITIONER(S):

-------------------------- JUSTIN RAJ D.S., AGED 54 YEARS, S/O.LATE DAIVARAJ, JINI BHAVAN, PARASUVAIKAL POST PARASSALA, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. BY ADVS.SRI.KOSHY GEORGE SMT.V.C. ARCHANA RESPONDENT(S):

----------------------------

1. THE CHAIRMAN AND MANAGING DIRECTOR BHARATH SANCHAR NIGAM LIMITED, SANCHAR BHAVAN JANPATH, NEW DELHI-110011.

2. A. BALASUBRAMANIAN, GENERAL MANAGER, BHARATH SANCHAR NIGAM LIMITED BSNL BHAVAN, UPPALAM ROAD, THIRUVANANTHAPURAM-695001.

3. N.VIJAYAKUMAR, DEPUTY GENERAL MANAGER, (RURAL), BSNL CENTRAL TELEGRAPH OFFICE BUILDING, 1ST FLOOR, STATUE THIRUVANANTHAPURAM-695001.

4. SIVAPRASAD P. PILLAI, FORMERLY WORKING AS DET, VENJARAMOOD NOW WORKING AS ASSISTANT GENERAL MANAGER (MARKETING), BSNL, CENTRAL TELEGRAPH OFFICE BUILDING 1ST FLOOR, STATUE, THIRUVANANTHAPURAM-695001.

5. JEEJA NIRMAL, DIVISIONAL ENGINEER, BSNL, VENJARAMOODU THIRUVANANTHAPURAM-695001.

BY SRI.MATHEWS K.PHILIP, SC, BSNL BY ADV. T. SANJAY FOR RESPONDENTS THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 14-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (CAT).NO. 7 OF 2015 (Z) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------- EXHIBIT P1: TRUE COPY OF THE TRANSFER ORDER OF THE PETITIONER EXHIBIT P2: TRUE COPY OF ORDER IN TA.NO.130/2008 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM, DATED 13.09.2009 EXHIBIT P3: TRUE COPY OF THE ORDER DATED 20.05.2009 BY RESPONDENTS EXHIBIT P4: TRUE COPY OF THE MEMORANDUM DATED 31.03.2009 WITH STATEMENT OF IMPUTATIONS.

EXHIBIT P5: TRUE COPY OF THE REPLY FILED BY THE PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P6: TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT DTD. 10.07.2009 EXHIBIT P7: TRUE COPY OF THE STATEMENT SENT TO HEAD QUARTERS. EXHIBIT P8: TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P9: TRUE COPY OF THE ORDER DATED 03.10.2009 OF THE 3RD RESPONDENT IN EXT-P8 APPEAL EXHIBIT P10: TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P11: TRUE COPY OF THE ORDER DATED 25.01.2010 OF THE 2ND RESPONDENT IN EXT-P9 REVISION PETITION.

EXHIBIT P12: TRUE COPY OF THE REPLY ISSUED BY INFORMATION OFFICER DATED 02.12.2009 EXHIBIT P13: TRUE COPY OF THE OA.NO.687/2010 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM.

EXHIBIT P14: TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS IN EXT.P13 EXHIBIT P15: TRUE COPY OF THE ORDER IN OA.NO.687/2010 BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM, DATED 21.06.2012 EXHIBIT P16: TRUE COPY OF THE CMP.NO.396/2010 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMANGADU EXHIBIT P17: TRUE COPY OF THE JUDGMENT IN OP(CRL) NO.1910/2011 OF THIS HONOURABLE COURT.

RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- OKB //TRUE COPY// P.A. TO JUDGE

THOTTATHIL B. RADHAKRISHNAN & K.HARILAL, JJ.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ O.P. (CAT) No.7 of 2015 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dated this the 14th day of January, 2015

JUDGMENT

Thottathil B. Radhakrishnan, J.

Heard the learned counsel for the petitioner quite in extenso.

Petitioner was subjected to disciplinary proceedings by the employer. Penalty withholding one increment for a period of one year from the date of next increment without cumulative effect was imposed. That was carried in appeal and revision within the establishment. Later, that was challenged before the Central Administrative Tribunal. As per the impugned order, the Tribunal dismissed the petitioner's original application.

2. At the outset, we remind ourselves that the penalty order was only of the quality noted above and see that this original application is not eligible to be entertained having regard to the enormous delay in its institution. The Tribunal's decision was handed down on 21/6/2012. The last page of Ext.P15 shows that the certified true copy of that order was issued by the Tribunal on 26/6/2012. This original petition is instituted before this Court by

O.P(CAT).7/15 (2) presenting it on 6/1/2015. We see not a syllable of acceptable explanation for the delay of more than 21⁄2 years in instituting this original petition invoking Article 227 of the Constitution of India. Hence, we are not inclined to entertain this original petition and it deserves to be rejected at the threshold.

In the result, this original petition is dismissed in limine. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE Sd/- K.HARILAL, JUDGE okb.