On July 1, 1978 the Officer Commanding forwarded the order of termination issued by the Chief Engineer, but on representation by the appellant, the Director General, Border Roads Organisation by order dated November 17, 1978 cancelled the order of termination presumably on a misapprehension that the period of probation having expired, numberorder of termination companyld be made.
After a regular departmental inquiry, the appellant was served with a show cause numberice under Article 311 2 of the Constitution and after companysidering the representation made by him, the Chief Engineer Project , Dante imposed on the appellant the punishment of removal from service in exercise of the powers companyferred by r. 12 read with r. 11 VIII of the Rules with effect from June 10, 1980.
Against the order of removal, the appellant preferred an appeal under r. 23 of the Rules before the Director General, Border Roads Organisation.
From the Judgment and Order dated 20.11.1980 of the Delhi High Court in Writ Petition No.
He however directed the taking of disciplinary action against the appellant as a deserter since he had absconded from service to evade the service of the order of termination.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Thereupon, the Officer companymanding by a movement order dated June 27, 1978 transferred the appellant to 19 Border Roads Task Force.
In the case of an appeal against an order imposing any of the penalties specified in Rule 11 or enhancing any penalty imposed under the said Rules, the appellate authority shall companysider.
1632 of 1980.
3165 of 1981.
Before the expiry of the probationary period, the Chief Engineer project Dante by an order dated June, 24, 1978 terminated the services of appellant.
K. Ramamurthy, M.A. Krishnamurthy and Miss Kuttu Bansilal for the Appellant.
The facts are that the appellant was appointed as Supervisor Barracks Stores Grade I attached to 60 Road Construction Company, General Reserve Engineering Force on probation for a period of two years by an order dated July 7, 1976.
C. Talukdar and M.C. Thinner for the Respondents.
The Judgment of the Court was delivered by SEN, J. The short point involved in this appeal by special leave from a judgment and order of the Delhi High Court dated November 20, 1980 dismissing in limine the writ petition filed by the appellant, is whether the appellate Order passed by the Director General, Border Roads Organisation dated October 14, 1980, is in companyformity with the requirements of r. 27 2 of the Central Civil Services Classification, Control Appeal Rules, 1965 Rules for short which have been made applicable to the personnel of the Border Roads Organisation.
The order of termination however companyld number be served on the appellant as he absented himself without leave.
