Central Administrative Tribunal - Jabalpur
Smt. Nisha Nirvariya vs Union Of India on 27 October, 2015
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No. 200/00960/2015
Jabalpur, this Tuesday, the 27th day of October, 2015
SHRI G.P.SINGHAL, ADMINISTRATIVE MEMBER
Smt. Nisha Nirvariya, W/o Shri Devendra Singh, DOB 01.04.1988,Presently posted as Postal Assistant, Mehagaon Sub Post Office, Lodhi Nagar, Near Sharad Talkies, Laskar Road, Bhind 477001 (M.P.) -Applicant
(By Advocate Shri Vijay Tripathi)
V e r s u s
1. Union of India, through its Secretary, Ministry of Communication
& IT, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi-110001
2. Chief Post Master General, Madhya Pradesh Circle,
Hoshangabad Road, Bhopal-462012 (M.P.)
3. Post Master General, Indore Region, Indore-452001 (M.P.)
4. Director, Postal Services, O/o Post Master General,
Indore Region, Indore-452001 (M.P.)
5. Superintendent of Post Offices, Chambal Division,
Murena-476001 (M.P.) -Respondents
(By Advocate Shri S.P.Singh)
O R D E R
Heard Shri Vijay Tripathi, learned counsel for the applicant and Shri S.P.Singh, learned Senior Central Govt. Standing counsel for the respondents.
2. The applicant in this Original Application has prayed for the following reliefs:-
8(i) Summon the entire relevant record from the possession of respondents for its kind perusal.
(ii) Quash and set aside the charge-sheet dated 30.07.2014(Annexure A/1) and order dated 21.07.2015 (Annexure A-2) with all consequential benefits.
(iii) Any other order/orders, direction/directions may also be passed.
(iv) Award cost of the litigation to the applicant.
3. Learned counsel for the applicant submitted that in consequence of a charge-sheet, punishment order dated 21.07.2015(Annexure A-2) has been passed by the disciplinary authority by which recovery of Rs. 3,60,000/-, has been imposed on the app1icant. This recovery is to be done in 36 monthly installments of Rs. 10,000/- each from the month of August 2015. The applicant preferred a representation dated 13.08.2014 (Annexure A-3) requesting to provide him eight documents to submit his defence. However, all the documents required by the applicant were not permitted to be inspected by the respondents. Thus without giving proper opportunity to defend his case, punishment order dated 21.07.2015 (Annexure A-2) has been passed. The applicant preferred an appeal dated 04.09.2015 (Annexure A-5) against this order which is still undecided. However, in the meantime, the respondents have started recovery from the salary of the applicant from the month of September 2015. Since the basic pay of the applicant is Rs. 11,510/-, making recovery of Rs. 10,000/- per month from his salary is contrary to the provisions of Postal Manual Volume 103, Para 108.
4. Learned counsel for the applicant further submitted that the appellate authority has passed an order dated 27.09.2011 (Annexure A-8) in a similar case wherein it is stated that there is no provision in the rules to stay recovery from the employee till decision on his appeal. He further submitted that this Tribunal in a similar case in Original Application No. 200/00938/2015 (Ashish Gupta Vs. Union of India & Others) has, vide its order dated 16.10.2015, directed the respondents to not to continue with further recovery from the salary of the applicant therein till his appeal against the punishment order is decided. Therefore the present Original Application may also be disposed of in similar terms.
5. Learned counsel for the respondents has no objection to it.
6. In view of the aforesaid, this Original Application is disposed of with a direction to respondent No.4 to consider and decide the appeal dated 04.09.2015 (Annexure A-5), if still pending, within a period of three months from the date of communication of this order subject to co-operation of the applicant. The recovery from the applicant in consequence to the punishment order dated 21.07.2015 (Annexure A-2) shall remain stayed till the disposal of his said appeal by respondent No.4.
7. With the aforesaid observation and direction, this O.A. stands disposed of at this admission stage.
8. As prayed for by the learned counsel for the applicant, copy of this order, along with paper book be sent to respondents Nos. 3 & 4 by Speed Post at the cost of the applicant, for which he undertakes to file postal requisites within seven days.
9. Free copy of this order be made over to Shri S.P.Singh, learned Senior Central Government Standing counsel appearing for the respondents.
(G.P.Singhal) Administrative Member rn 3 Sub:-Recovery OA No.200/00960/2015
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