Original Application No.180/00416/2016. Case: P.Ramakrishnan Vs 1. Union of India 2. Secretary (AMS, CPV and SA) 3. Joint Secretary, (PSP) and Chief Passport Officer 4. The Director General Department of Posts 5. The Chief Post Master General. Central Administrative Tribunal

Case NumberOriginal Application No.180/00416/2016
CounselFor Appellant: Mr.Nanda Kumara Menon,Sr. with Mr.P.K.Manoj Kumar, Advocate and For Respondents: Mr.T.C.Krishna,Sr.PCGC
JudgesMr. N.K.Balakrishnan, Judicial Member and Ms.P.Gopinath, Administrative Member
IssuePrevention of Corruption Act
Judgement DateJanuary 12, 2017
CourtCentral Administrative Tribunal

Order:

Ms.P.Gopinath, Administrative Member, (Ernakulam Bench)

  1. The applicant while working as Senior Superintendent at Palakkad was sent on deputation as Passport Officer at Malappuram in the year 2014 as per order dated 14.1.2014 issued by the Ministry of External Affairs. When the applicant was thus working as Passport Officer at Malappuram an order dated 29.7.2015 was issued by the Secretary, Vigilance Unit II (CPV Division) vide Annexure A-3 ordering his deemed suspension from service with effect from 20.7.2015 under Rule 10 (2) of the CCS (CCA) Rules 1965 for the reason that he was arrested on criminal charges by the CBI Cochin on 20.7.2015 and he has been in judicial custody for a period of more than 24 hours. Applicant filed an appeal (Annexure A-4) challenging Annexure A-3 order of suspension before the Appellate Authority. After considering the appeal filed by the applicant, passed an order dated 7.12.2015 (Annexure A-5) revoking the deemed suspension order under Rule 10 (5)(c) of the Central Civil Services (Classification Control and Appeal) Rules 1965 and passed an order dated 8.12.2015 (Annexure A-6) repatriating him to the parent Department with immediate effect. Against Annexure A-5 and Annexure A-6 orders of revocation and repatriation the applicant submitted Annexure A-7 representation to the 4 th respondent requesting permission to join duty as Passport Officer in Malappuram, since he was suspended from service while on duty as Passport Officer at Malappuram.

  2. On repatriation to parent cadre applicant was allotted to Odisha Circle and was posted as Deputy Divisional Manager (PLI) Circle Office Bhubaneswar. The applicant submits he was on earned leave from 8.3.2016 to 1.6.2016. Applicant argues that he was working as Senior Superintendent of Post Offices, Palakkad at the time he was relieved for deputation and hence should be posted to Palakkad as Senior Superintendent of Post Offices when the deputation period is prematurally cancelled. Applicant argues that he has been transferred and posted at Bhubaneswar by way of punishment since an FIR has been lodged by the CBI against him for the alleged commission of offences punishable under the Prevention of Corruption Act and the Penal Code. It is submitted that the pendency of the FIR in a Criminal Court cannot be considered as 'criminal case pending' in service jurisprudence. Applicant argues that since his suspension from service has been revoked by the competent authority the respondents ought to have posted him as Passport Officer at Malappuram, or atleast as Superintendent of Post Offices at Palakkad. Applicant submits that there are 5 vacancies in the post of Senior Superintendent of Post Offices in the Kerala Circle and he can be accommodated in any one of those vacancies. Relief sought for by applicant is to set aside Annexure A-11 order dated 8.2.2016 issued by the Assistant Director General (SGP) Ministry of Communications and I.T Department of Posts (Personal Division) alloting him to Odisha Circle. Reliefs B & C are not pressed by the applicant.

  3. Applicant has filed M.A.No.831/2016 praying for a direction to respondent Nos.5&6 to pay to him the arrears of salary in the post of Senior Superintendent of Post Offices with effect from 17.12.2015...

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