Suraj Bhan vs Union Of India & Others, Through And Ors

The applicant Sh. Suraj Bhan was working as Khalasi under the respondents. He was issued a revised leave sanction memo on 26.04.2018 (Annexure A/1) recasting his leave account. He has sought quashing of his leave memo and restoring the earlier memo order No. EE(E)P/Admn./1(11)/2017-18/ for the benefit of Earned Leave and HPL.

It is the contention of the applicant that the recasting of the leave account done by the impugned order dated 26.04.2018 is incorrect. The respondent no. 4 issued leave sanction No. 23.06.2017 and against which the applicant made his representation for correction of his leave account on 07.07.2017. Thereafter, the applicants have stated that the respondents issued the leave sanction memo dated 31.01.2018 against which the applicant approached the respondents stating that this leave memo was also not correct. Several leave memos have been issued on which the applicant had submitted representations. However, finally revised leave sanction memo was issued on 26.04.2018, which the applicant is challenging as not correct.

Respondents have stated that this is a clear case of tempering of the service record regarding leave. Details of leave have been recast after detailed verification from availed leave as per record. Only thereafter has the impugned order dated 26.04.2018 been passed. They have also averred that the applicant, in connivance with one of the officials working with respondent no. 4, has tempered the leave account in service book at different times during 2016 to 2018 and accordingly based on the fabricated entry in service book, the balance leave was intimated to the applicant vide different leave sanction memos dated 23.06.2017, 31.01.2018 and 13.04.2018. On scrutiny of records and leave account of the applicant, the concerned Assistant Engineer intimated the actual leave taken by the applicant during 2016 to 2018 vide his letter no. 04/AE(E)/MH/Tower-A/DDB/2018-19/2020 dated 17.04.2018, and requested Respondent no. 4 to look into the matter and also forwarded all the leave sanction memos. The representation dated 23.04.2018 of the applicant was also received to review and recheck the service book for retiring benefits and correcting the mistake if any before retiring on 31.01.2019. Accordingly, the service book was checked and it was found that there were so many cuttings and over writings. The leave account was verified with the leave applications and submitted to AE(E) and tempering of leave account was noticed. The official who was involved in the tempering of leave account in the service book with the applicant has accepted his wrong doing of tempering in leave account and submitted an apology letter dated 25.04.2018. An inquiry has been set up for tempering in leave account which is underway and the official has been transferred to another office and action will be taken after the outcome of the final inquiry. They have also filed the reply of the Head Clerk concerned dated 25.04.2018 and acceptance of mistake by Sh. Vijender Kumar in leave account of the applicant. They have apprised that the recast revised leave memo dated 26.04.2018 has been issued after verification of the records.

Heard Mr. A. K. Bhakt, learned counsel for applicant and Mr. S. M. Arif, learned counsel for respondents.

On the basis of arguments and the records, it is clear that this is a case of tempering of leave records and the respondents have set up an inquiry and are in the process of taking action against those who will be found guilty. The concerned official has also accepted his mistake.

In light of this, no further point remains to be adjudicated. The O.A is devoid of any merit and is dismissed. No order as to costs.