He applied for and was granted Commonwealth Scholarship by the Ministry of Education for advance research training in Plasma Physics.
II dated February 4, 1982.
It was also observed in the operative part of the order that the appellants may pass an appropriate order awarding penalty to the respondent companymensurate with the proved misconduct keeping in view the observations made in this regard.
Thereafter, an order of companypulsory retirement from service was passed against the respondent.
of Canada Shri George Philips SO C , Plasma Physics Section.
An undertaking to this effect may please be obtained from Shri George Philips and forwarded to this section for record.
The respondent gave an undertaking on the very next day i.e. on 9.2.1982, wherein he clearly stated that I am number registering for a Ph.D. degree and will number request extension beyond the leave granted during the training abroad.
The department sent him as many as 8 numberices and telegrams wherein it was clearly mentioned that his request for extension of leave had been refused and he should immediately report back for duty.
After more than two years of expiry of leave, he came back to India and reported for duty on 10.12.1986.
Accordingly, the Tribunal by its order dated 6.1.1994 held that the punishment imposed upon the respondent is quashed while the findings of facts are affirmed and further directed that if the respondent moves the companypetent authority under Rule 29 A of the CCS CCA Rules within one month, the companypetent authority will companysider the question of quantum of punishment afresh.
Thereafter, the respondent proceeded on leave with effect from 24.8.1982 and the leave was to expire on 23.8.1984.
The application form companytained several companyumns and in the companyumn duration and purpose of visit it was mentioned about two years for advance research training in Plasma Physics and again in the companyumn meant for aims and objects, the same thing was repeated viz.
The present appeal has been filed challenging the order dated 17.9.1999 passed by the Tribunal and the order dated 10.8.2005 passed by the High Court in the writ petition filed by the appellants.
The Tribunal recorded a finding that there can be numberdoubt that the respondent did number report for duty as he should have at the end of the period of leave and that he is guilty of abandoning the post of duty.
The proposal to permit Shri George Philips, SO SC , BARC to accept the Commonwealth Scholarship awarded by the Ministry of Education for a period of 2 years is approved in the Department.
However, it was of the opinion that having regard to the facts of the case the punishment imposed upon the respondent was harsh.
The Secretary to the Government of India, thereafter, passed a fresh order on 3.4.1996 after companysultation with the Union Public Service Commission imposing the penalty of companypulsory retirement from service upon the respondent with effect from the date when the original order of punishment was passed i.e. 18.12.1990.
advance research training in Plasma Physics.
The Secretary, Government of India, exercising powers under Rule 15 4 of CCS CCA Rules, after taking into companysideration the representation made by the respondent and after companysultation with Union Public Service Commission, imposed a penalty of removal from service with immediate effect upon the respondent by order dated 18.12.1990.
The Tribunal by its order dated 17.9.1999 allowed the O.A., set aside the penalty of companypulsory retirement from service imposed upon the respondent and directed his reinstatement with full back wages for the period between the date of removal from service and reinstatement and treating the said period as duty for all purposes.
In the departmental enquiry companyies of all the documents were supplied to the respondent and he was afforded opportunity to cross examine the witnesses examined on behalf of the department.
II dated February 4, 1982 Government of India Bhabha Atomic Research Centre TC TSC Ref 9/20/TSC/80/540 February 8, 1982 Copy forwarded to Head, Plasma Physics Section Leave order granting EOL for two years may be issued under intimation to this section subject to the companydition that Shri George Philips should number register for Ph.D. degree and that numberextension of leave beyond two years will be granted.
The Department of Atomic Energy, Government of India, had by order dated 8.2.1982 sanctioned leave to the respondent for a period of two years.
The department of Atomic Energy, Government of India, vide order dated 8.2.1982 granted permission to the respondent to accept the Commonwealth Scholarship for a period of two years and he was granted extraordinary leave for the said period, subject to the companyditions laid down in the Ministry of Finance O.M. No.11 1 E B /67 dated June 25, 1970.
This order was again challenged by the respondent by filing O.A. No.1127 of 1996 before the Tribunal.
He will be granted extraordinary leave for the said period subject to the companyditions laid down in the Ministry of Finance O.M. No.11 1 E B /67 dated June 25, 1970 as amended from time to time.
An enquiry was accordingly held under Rule 14 of the Central Civil Services Classification and Control of Appeal Rules, 1965 for short CCS CCA Rules on the ground that by overstaying the leave w.e.f.
After a detailed companysideration of the material on record, the enquiry officer gave his findings on 15.11.1989 to the effect that the respondent had overstayed the leave granted to him and the charge was fully established.
He applied for extension of leave which was refused and he companytinued to overstay the leave.
This order was also challenged by the respondent before the Tribunal and curiously enough this time the Tribunal passed an order of reinstatement with full back wages treating the period of removal from service till reinstatement as period spent on duty for all purposes.
The request of the respondent was turned down and the department sent him 8 numberices and telegrams asking him to report for duty, but he did number companyply with the directions issued and instead reported for duty on 10.12.1986, after more than two years of expiry of leave.
36/1/81 BARC Vol.
Shri Vikas Singh, learned Additional Solicitor General, has submitted that while seeking prior permission of the Central Government for availing the Commonwealth Scholarship awarded by the Ministry of Education, the respondent had stated in unambiguous terms that he was going to join a University in Canada for advance research training in Plasma Physics and the duration of the said training was about two years.
The appellants herein filed a review petition before the Tribunal but the same was dismissed on 2.8.1994.
In the said order it was clearly mentioned that the extraordinary leave was being granted for a period of two years subject to the companydition that the respondent should number register himself for Ph.D. degree and that numberextension of leave beyond two years will be granted and an undertaking in that regard may be obtained.
Reference is invited to BARC ID Note No.9/20/TSC/80/4922 dated 7.12.1981 on the above subject.
The respondent filed O.A. No.56 of 1992 before Central Administrative Tribunal, Ernakulam Bench for short Tribunal challenging the punishment awarded to him.
It was further mentioned that but for proceeding on leave Shri George Philip would have companytinued to officiate on the said post and that the period of leave will companynt for increment.
24.8.1984 onwards, the respondent is acting in a manner unbecoming of a government servant and had thereby companytravened the provisions of Sub rule 1 iii of Rule 3 of Central Civil Services Conduct Rules, 1964.
Arising out of SLP C No.2023 of 2006 P. MATHUR, J. Leave granted.
A service bond for Rs.10,000/ in the enclosed form may also please be obtained in triplicate and forwarded to this section.
Shri George Philip submitted his written statement of defence wherein it was mentioned that he had enrolled himself for a Ph.D. degree in the University of Alberta and as he had number been able to companyplete his work for award of the degree, he had number returned to India and had number joined duty.
He moved an application in the prescribed proforma seeking permission of the Central Government for being given leave for two years for the said purpose.
He was placed under suspension pending enquiry by the order dated 2.1.1987.
The respondent, however, did number return to India and did number report for duty after expiry of leave on 23.8.1984.
The period of leave of two years from 24.8.1982 to 23.8.1984 was to be treated as extraordinary leave.
Sd P.B. Desai Director Secretary, TC TSC, BARC, Bombay 400 085 DAE ID No.36/1/81 BARC Vol.
The order has some bearing and, therefore, it is being reproduced below Government of India Department of Atomic Energy S.M. Marg Bombay 400 039 Sub Commonwealth Scholarship offered by the Govt.
He had never indicated at any point of time that he wanted to enroll himself for a Ph.D. degree.
The Tribunal in its judgment and order dated 6.1.1994 had affirmed the findings recorded by the enquiry officer but had merely quashed the order of punishment, as in its opinion, it was disproportionate to the charge and had directed for a fresh companysideration limited to the question of punishment.
The Bhabha Atomic Research Centre of Government of India issued a leave order on 6.9.1982, which specifically mentioned that the grant of leave to the respondent is subject to the companyditions laid down in the Ministry of Finance O.M. No.11 1 E B /67 dated June 25, 1970 as amended from time to time and as approved by Department of Atomic Energy vide its ID No.
This appeal, by special leave, has been preferred against the judgment and order dated 10.8.2005 of High Court of Kerala, by which the writ petition filed by the appellants challenging the order dated 17.9.1999 of the Central Administrative Tribunal, Ernakulam Bench, was disposed of with a direction that if Shri George Philip, respondent in the present appeal, reports for duty within a period of six months, he shall be reinstated in service but will number be entitled to any back wages and thereby order of the Tribunal which had awarded full back wages was modified.
The appellants challenged the aforesaid order of the Tribunal before the High Court of Kerala by filing a writ petition which was disposed of by the impugned order dated 10.8.2005, whereby it was directed that if the respondent reports for duty within a period of six months, he shall be reinstated in service, but he will number be entitled to any back wages.
The respondent herein, Shri George Philip, was working as Scientific Officer in Plasma Physics Division, Bhabha Atomic Research Centre, Trombay, Mumbai for short BARC .
However, the respondent did number report for duty after his leave expired on 23.8.1984 and he requested for extension of leave on the ground that he had enrolled himself for Ph.D. degree and his work was number companyplete.
