TaxTMI 
TaxTMI 
2008 (5) TMI 644
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....Hyderabad. He accordingly handed over charge at Bhopal on 20th June, 2005 but as the officer holding the post at Hyderabad had not been likewise relieved, the respondent's transfer order was stayed and a request was made by him seeking a suitable posting pursuant to his request for voluntary retirement. Vide communication dated 25th August, 2005 sent to the respondent at his residential address H. No. 226 Sector 15-A, NOIDA, he was asked to deposit some outstanding dues so that his request for retirement could be finalized. Quite to the contrary, however, on 9th September, 2005, the respondent received an order dated 30th August, 2005 placing him under suspension and fixing his Head Quarters at Aurangabad and by another order dated 31st....
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....der as his three months' notice seeking voluntary retirement had expired on 31st August, 2005 and he was thus deemed to have retired w.e.f. 1st September, 2005. It has accordingly been submitted that the order dated 30th August, 2005 was, therefore, ineffective in law. 3. The Union of India in its reply has opposed the pleas raised by the respondent and has submitted that as the order of suspension had been dispatched before 31st August, 2005 to Nagpur and thereafter transmitted to Bhopal it was deemed to have been made effective from 30th August, 2005 itself, and as such the respondent was deemed to be under suspension. 4. The Tribunal in its order dated 22nd February, 2006 examined the matter in the background of the Rules and the d....
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.... appointing authority in case the Government Servant was under suspension. The Tribunal then applied the law to the facts of the case and observed that the order dated 30th August, 2005 had been dispatched to Nagpur for further transmission to the respondent at Hyderabad though he was admittedly at NOIDA at the relevant time, - a fact well within the knowledge of the Department as he had not been able to take up his appointment at Hyderabad. The Tribunal accordingly concluded that the order had been dispatched to the wrong address and was therefore not effective as it had actually been received by him on 9th September, 2005 whereas the respondent had retired w.e.f. 1st September, 2005. The Original Application was accordingly allowed by th....
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.... said that the respondent continued to be in service as his prayer for voluntary retirement had been rejected. 8. We have heard the learned counsel for the parties and have gone through the record. 9. The Tribunal has relied on several judgments of this Court to support the view an order to be made effective it has to be communicated to the officer at his correct address. In Khemi Ram's case (supra) the question as to what amounted to "communication" has been spelt out and it has been observed thus: 16. "The question then is whether communicating the order means its actual receipt by the concerned government servant. The order of suspension in question was published in the Gazette though that was after the date when the respondent wa....
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....s issued and it is sent out to the concerned Government servant, it must be held to have been communicated to him, no matter when he actually received it. We find it difficult to persuade ourselves to accept the view that it is only from the date of the actual receipt by him that the order becomes effective. If that be the true meaning of communication, it would be possible for a Government servant to effectively thwart an order by avoiding receipt of it by one method or the other till after the date of his retirement even though such an order is passed and dispatched to him before such date. An officer against whom action is sought to be taken, thus, may go away from the address given by him for service of such orders or may deliberately g....
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....dent has also referred to the letter dated 25th August, 2005 from the Under Secretary to the Government of India, Ministry of Finance addressed to the respondent at his residence in NOIDA directing him to clear his outstandings before his request for voluntary retirement could be finalized. It is also significant from the record that the order of suspension dated 30th August, 2005 had been marked to Shri B.S. Ganu, Chief Commissioner of Central Excise, Nagpur with a request that it be served on the applicant and Shri Ganu had informed the Board Officer in New Delhi that the respondent was not posted at Nagpur nor his mailing address was available at that place and it was thereafter on September 2, 2005 (on receipt of the aforesaid letter) t....