Scientist8217;s plea dismissed

MUMBAI, SEPTEMBER 22: The Bombay High Court today dismissed scientist Pritwish Sain's petition, ruling that there was no merit or substanc...

MUMBAI, SEPTEMBER 22: The Bombay High Court today dismissed scientist Pritwish Sain8217;s petition, ruling that there was no merit or substance in his claim of being victimised by his employers, the Bhabha Atomic Research Centre BARC.

A division bench of Chief Justice B P Singh and Justice S Radhakrishnan said Sain had no right to continue in the service quarters beyond September 1998, the completion of the grace period of two months after his transfer to Alwaye in Kerala in July 1998. Pointing out that the estate officer had given Sain sufficient opportunity, the bench did not think it 8220;illegal or high-handed8221; on the BARC8217;s part in evicting him.

Sain8217;s letter saying he was evicted and beaten by BARC securitymen was converted into a suo moto writ petition by the court on September 18. The BARC filed two detailed affidavits in reply. On September 8, Sain attempted suicide in the courtroom after the judges asked him to file a regular suit. The City Civil Court8217;s principal judge had also upheld BARC8217;s eviction action in their order of June 13, 2000, concluding that Sain was duly relieved. The order was initially stayed for four weeks and extended till September 14. BARC had to forcibly evict Sain the next day.

Regarding his transfer, the bench said that the Central Administrative Tribunal had found nothing illegal or malafide. The CAT order was challenged before this high court, which found nothing wrong with the order of the tribunal. The high court had directed BARC to pay advance Travel Allowance/Dearness Allowance to Sain to enable him to report to Alwaye. An amount of Rs 23,390 was paid to him, which he admitted to having encashed.

However, the bench said Sain8217;s charge that the money was snatched by the BARC8217;s security when he was travelling in a bus was found by the Trombay police to be false. 8220;The impugned order has been upheld by Central Administrative Tribunal and this court. If the petitioner is still aggrieved, he may approach the Supreme Court,8221; it ruled.

The bench said BARC reiterated on Thursday that Sain is still free to report at Alwaye, Kerala. However Sain, represented by social activist Dr Leo Rebello, was unwilling to report at Alwaye unless he is paid his salary from August 1998 till date and again an advance TA/DA. However, BARC8217;s counsel H V Mehta submitted that since Sain had wilfully not joined work at Alwaye, no salary for the past two years could be paid. However, if he reports at Alwaye, he will be paid his salary from then on. As far as TA/DA is concerned, the same was already advanced to Sain, Mehta submitted. He added that Sain could collect his belongings which were kept in a flat. 8220;Under the aforesaid facts and circumstances, we do not find any any merit or substance in the petition, hence the same stands dismissed,8221; the bench concluded.