Para 3:

This present application is well within limitation since it seeks to challenge

chargesheet dated 27
th
November 2013, punishment order dated ___, the
withholding of promotion by communication dated ___ and the continuing denial
of wages till date.


Para 4a:
The Applicant herein is a chargeman at Naval Dockyard and has been working
with the respondent authorities for well over 37 years.
4b:
The Applicant herein vide memorandum dated 16
th
July 2013 was served with a
transfer order being ___ dated ___ seeking to transfer him from __ department to
__ department.
4c:
The applicant was served with a leaving order only on __ December 2013.
4d:
The applicant was surprised to receive charge sheet dated 27
th
November 2013
where a case was sought to be made out against him that he
4e:
Upon the applicants enquiries as to why he had been charge sheeeted in the
absece of a relieving letter to give effect to the transfer order, the respondents
after the issue of the charge sheet dated 27
th
November 2013, issued relieving
order dated 10
th
December 2013.
f:
Apprehensive that this charge sheet would mar his service record even though
the transfer order could not be affected due to the lack of a relieving order, he
tendered in an apology dated ____ in response to the charge sheet. As a relieving
letter came to be served to him on 10
th
December 2014. Surprisingly, even
though the charge sheet was issued subsequent to the promotion order whereby
the applicant came to be promoted to the post of foreman vide order dated ___
the promotion has been kept in abeyance to date hereto annexed and marked is
a copy of DPC 2013-14 dated ____ which shows the applicants promotion to the
post of foreman and annexed and marked as ___ is a copy of ___ which shows that
the applicant is still a chargeman.
G:
Admittedly, the applicant has not been receiving wages since December 2013,
the aforesaid irregularities have been pointed out repeatedly by the applicant
vide correspondence dated ___ to no avail.
H:
The applicant seeks to assail the acts of commission and omission of the
respondents on the following grounds which are without prejudice to one
another


5a: Charge sheet dated ___Punishment dated ___Withholding of promotion since
September 2013 and the witholidng of salaries and other benefits since
December 2013 are patently illegal and bad in law
b: Admittedly a transfer order cannot be affected without a relieving order
Admittedly the relieving order was issued subsequent to the release of charge
sheet
d. That the charges sheet was issued in November 2013, the DPC promotion to
the post of foreman was notified in September 2013 and hence such charge sheet
cannot preclude giving effect to the promotion to the post of foreman
That the promotion order dated September 2013 overrode the provisions of the
transfer order inasmuch as the applicant was not only promoted to the post of
foreman but was also retained in the same department.


Punishment dated __ could not have been issued in the absence of an inquiry
inasmuch as a pleading of guilt still mandates a full enquiry to be gone into which
has not been done in the present instance. The consequential fall out of the
chargesheet and punishment being illegal would be that the petitioner be
entitled to full wages to date and prospective effect of his promotion from
September 2013

Grounds:


The chargeshet and consequential proceedings are bad in law inasmuch as the
promotion order subsequent to the transfer order overrode the transfer order
inasmuch as it retained the applicant within the same department





Prayers:
a. Quash and set aside chargesheet dated ___
b. Quash and set aside punishment order dated ___
c. The respondent be directed to forthwith ensure that the applicant is
designated as foreman and appropriate entry Is made at the relevant
places and all consequential benefits be made available to the applicants
d. The respondent be directed to forthwith release the salary of the
applicant from the period beginning December 2013 till date