Original Application No. 1069 of 2011. Case: Shiv Prasad Tiwari Vs Union of India. Central Administrative Tribunal

Case NumberOriginal Application No. 1069 of 2011
CounselFor Appellant: Manoj Sharma, Advocate and For Respondents: Manish Chourasia, Advocate
JudgesM. Kanthaiah, Member (J) and G.P. Singhal, Member (Ad.)
IssueService Law
Judgement DateJuly 28, 2014
CourtCentral Administrative Tribunal


G.P. Singhal, Member (Ad.), (Jabalpur Bench)

  1. In this Original Application the applicant has prayed for quashing of orders dated 11.05.2010 (Annexure A-1) whereby the Superintendent of Post Offices has imposed upon the applicant penalty of removal from service; and dated 06.10.2010 (Annexure A-2) and 30.09.2011 (Annexure A-3) whereby the appeal and revision filed by the applicant against the aforesaid punishment has been rejected by the Director Postal Services, Indore & Chief Post Master General, M.P. Circle Bhopal respectively. The applicant has further prayed for a direction to the respondents to reinstate him and provide all consequential benefits, as if the impugned orders were never passed.

  2. The brief facts of the case are that the applicant while working as Gramin Dak Sevak (for brevity 'GDS'), Branch Post Master, Pipalkota (Khategaon) was served with a charge sheet on 27.01.2009 (Annexure A-4) wherein he was charged for not accounting of the money, which he had collected from two depositors, for their monthly recurring deposit accounts during the period from 3.12.2004 to 28.2.2008, totaling Rs. 70,200/-, in the Post Office Account, as detailed in the imputation of charge memo. After conducting full fledged enquiry, disciplinary authority imposed the penalty of removal from service upon the applicant vide order dated 30.12.2009 (Annexure A-1). However, on appeal filed by the applicant, the appellate authority, vide its order dated 22.3.2010 (Annexure A-9), set aside the punishment order and ordered for de novo trial from the stage of framing enquiry report afresh. In compliance of these directions, the enquiry officer reconsidered the evidence and submitted another enquiry report meeting out the objections made by the appellate authority, and again held the charges proved against the applicant. The disciplinary authority supplied a copy of the said enquiry report dated 15.4.2010 vide letter dated 20.4.2010 (Annexure A-10) to the applicant calling upon his representation against the same. The applicant submitted his representation on 06.05.2010(Annexure A-11). The disciplinary authority after examining the representation of the applicant and other materials placed during the course of enquiry passed a detailed and speaking order dated 11.5.2010 (Annexure A-1), against which the applicant submitted his appeal dated 29.5.2010, which was dismissed by the appellate authority vide impugned order dated 6.10.2010 (Annexure A-2)...

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