Central Administrative Tribunal - Ernakulam
B Anilkumar vs D/O Post on 10 June, 2020
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00193/2020
Wednesday, this the 10th day of June, 2020
CO RAM:
HON'BLE Mr.P.MADHAVAN, JUDICIAL MEMBER
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER
B.Anilkumar,
S/o.late K.A.Bhaskaran,
Aged 49 years,
Postal Assistant,
Adoor HO, Department of Posts.
Residing at Thadathil Veedu,
Manakayam, Chittar P.O., Pathanamthitta - 689 663. ...Applicant
(By Advocate Mr.V.Sajithkumar)
versus
1. Union of India represented by the Secretary to Government,
Department of Posts, Ministry of Communications,
Government of India, New Delhi - 110 001.
2. The Chief Postmaster General,
Kerala Circle, Trivandrum - 695 033.
3. The Superintendent of Post Offices,
Pathanamthitta Postal Division,
Pathanamthitta - 689 645. ...Respondents
(By Advocate Mr.N.Anilkumar, SCGSC)
This application having been heard on 10 th June 2020, the Tribunal on
the same day delivered the following :
ORDER
HON'BLE Mr.P.MADHAVAN, JUDICIAL MEMBER We have heard the matter through video conferencing.
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2. Learned counsel for the parties were present in video conference. On hearing, it has come out that the Disciplinary Proceeding is continuing and this Tribunal has granted an interim order to the applicant to appoint a legal practitioner for the purpose of examination of the advocate witness (the Additional Standing Counsel).
3. Since the inquiry is going on, there is no purpose in continuing with the O.A. Hence the O.A is disposed off with permission to the applicant to file a fresh O.A in case the inquiry report goes against him. It is needless to say that the applicant will be permitted to take the help of a legal practitioner for cross examination when the Additional Standing Counsel is examined for prove the documents of the respondents. OA is disposed off. No costs.
(Dated this the 10th day of June 2020)
K.V.EAPEN P.MADHAVAN
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
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List of Annexures in O.A.No.180/00193/2020
1. Annexure A-1 - A copy of the order No.F/Misc/Thattayil/2013-14 dated 17.10.2013 issued by the 3rd respondent.
2. Annexure A-2 - A copy of the order dated 5.12.2016 in O.A.No.869/2016 of this Hon'ble Tribunal.
3. Annexure A-3 - A copy of the relevant pages of the Memo No.F4/2/2013-14 dated 2.1.2017 issued by the 3 rd respondent.
4. Annexure A-4 - A copy of the judgment dated 22.9.2017 in O.P.(CAT) No.116/2017 of the Hon'ble High Court of Kerala.
5. Annexure A-5 - A copy of the Memo No.F4/2/2013-14 dated 28.2.2017 issued by the 3rd respondent.
6. Annexure A-6 - A copy of the letter No.ASP(HQ)/IA/01/2017 dated 9.11.2017 issued by the 3rd respondent.
7. Annexure A-7 - A copy of the Memo No.F4/2/2013-14 dated 28.10.2019 issued by the 3rd respondent.
8. Annexure A-8 - A copy of the letter No.ASP(HQ)/IA/01/2017 dated 20.1.2020 issued by the Inquiring Authority.
9. Annexure A-9 - A copy of the representation dated 25.1.2020 submitted by the applicant before the 3rd respondent.
10. Annexure A-10 - A copy of the letter No.F4/2/2013-14 dated 20.2.2020 issued by the 3rd respondent to the applicant.
11. Annexure A-11 - A copy of the representation dated 2.3.2020 submitted by the applicant to the 3rd respondent.
12. Annexure A-12 - A copy of the letter No.ASP(HQ)/IA/01/2017 dated 12.3.2020 issued by the Inquiring Authority.
13. Annexure A-13 - A copy of the order No.F4/2/2013-14 dated 6.5.2020 issued by the 3rd respondent to the applicant along with its transcribed copy.
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