O.A. No. 285 of 2010. Case: Parshuram Prasad Vs The Union of India through the Secretary cum DG, Department of Posts and Others. Central Administrative Tribunal
| Case Number | O.A. No. 285 of 2010 |
| Counsel | For Appellant: Shri J.K. Karn, Advocate and For Respondents: Shri R.K. Bariar, Advocate |
| Judges | Urmita Datta (Sen), Member (J) and A.E. Ahmad, Member (A) |
| Issue | Service Law |
| Judgement Date | April 22, 2014 |
| Court | Central Administrative Tribunal |
Order:
A.E. Ahmad, Member (A), (Patna Bench)
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The applicant in this OA is aggrieved by the cancellation of his appointment and, as such, primarily prays for the following reliefs:-
8 [A]Letter No. H-20/BPM Kuruskela BO/08-09/L dated at Ranchi the 29.03.2010 issued by Sr. Superintendent of Post Offices, Ranchi Division, Ranchi as contained in Annexure A/8, whereby in pursuance to Asstt. Director Postal Services [P], O/o the Chief Post Master General, Jharkhand Circle, Ranchi letter No. Staff/Review/GDSBPM Kuruskela dated 23.03.2010, the applicant has been ordered his cancellation of appointment, may be quashed and set aside.
[B] Letter No. Staff/Review/GDSBPM Kuruskela dated 23.03.2010, issued by the Asstt. Director Postal Services [P], O/o the Chief Post Master General, Jharkhand Circle, Ranchi as contained in Annexure A/7, may be quashed and set aside.
[C] the respondent authorities may be directed to reinstate the applicant on his post of GDSBPM at Kuruskela Branch Post Office in account with Biru Sub Post Office, with all consequential benefits.
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The brief facts of this case, as submitted by the applicant, are as below:-
[i] The applicant, namely Shri Parshuram Prasad, was selected and appointed against the post of GDSBPM of Kuruskela Branch Office in account with Biru Sub Office in Ranchi Postal Division, pursuant to successful participation in the recruitment process and required verification of documents etc. Annexures A/1 and A/2 refer. That, pursuant thereto, the applicant also joined the post on 17.06.2009 [Annexure A/3].
[ii] That, in terms of the circular dated 04.04.2008 issued by the Chief Post Master General, Jharkhand Circle, Ranchi, "no appointment shall be made before scrutiny of relevant papers/documents by the Scrutiny Committee" consisting of three officers. Further, that the said instructions were also applicable to cases for which recruitment process has already been initiated. Annexure A/4 refers.
[iii] The applicant claims that his appointment was ordered by a Group A Officer after due scrutiny and approval by the three member committee. However, on account of investigation against the appointing authority [Shri U.N. Pandey] of the applicant, his appointment to the post of GDSBPM Kuruskela also came under the scrutiny. In this background, the applicant was issued a letter dated 05.03.2010 [Annexure A/5] seeking his explanation in regard to his irregular appointment.
[iv] That, the applicant submitted his reply on 24.03.2010 explaining his position and prayed for sympathetic consideration [Annexure A/6].
[v] That, one day prior to submission of reply of applicant, i.e. on 23.03.2010 itself, the Asstt. Director, Postal Services [P], O/o the Chief Post Master General, Jharkhand Circle, Ranchi issued letter No. Staff/Review/GDSBPM Kuruskela dated at Ranchi the 23.03.2010, whereby the appointing authority of the applicant, the Sr. Superintendent of Post Offices, Ranchi Division was ordered to cancel the appointment of applicant immediately. Annexure A/7 refers.
[vi] Pursuant to the above, the applicant's appointment was cancelled vide...
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