Central Administrative Tribunal - Gauhati
Sabjan Begum vs D/O Post on 28 September, 2018
"Is, ra wa Be, i i 1 CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH : Original Application No. 040/00065/2d18 - Date of Order: This, the 28m Day of seplerhier 2018. - THE HON'BLE MRS. MANJULA DAS, JUDICIAL MEMBER | | an THE HON'BLE MR. NEKKHOMANG NEIHSIAL, ADMINISTRATIVE MEMBER Sabjan Begurr | D/o Late Amir|Miah a 4 W/o NuruddinjAhmed ar: Village: Khatania Para | 4 P.O: & P.S:Dhula _ Dist: Darrang (Assam) ..Applicant. By Advocates: Mr.3.K.Roy, MrK.Rahman of -VErsus- A. The.Union of India, -. - Represented by the Secretary, To the Government of India | "Ministry of Communication and Information Technology "Postal Department, New, Delhi- 110001. i 2. The Chief Post Master General . Assam Circle, Meghdoot Bhawan oe: Panbazar, Guwahati-781 001. ot 3, The Superintendent of Post Offices st | Darrang Division, Tezpur-784 001. Lf 4, ~The Inspectorlof Posts, & Mangaldai Sub-Division- | a Cum-Presenting Officer | ae Mangaldai-784125. ani ry OA No.040/00065/2018 5. The Inquiry Authority & Inspector of | Posts, Dhekiajuli Syb Division it - Bhekiaiul: "78411. 0 5 wey Et 1. Respondents By Advocate: Mr.S.K.Ghosh, Addl. C.G.S.C. " ORDER (ORAL) : MANJULA DAS, MEMBER (J):
By this OA, fled under Section 19 of the ~ Administrative Tribunals Act, 1985, the apelicant is seeking following relief(s) :-
ik a} Set aside and quashed 'ithe impugned
- Memorandum dated 24-07- -2017| along with the corrigendum .dated 02-08- -2011 as also the departmenial' proceedings initiated against the . , Applicant. -- a | oF
b) ~=Direct the Respondent Authorities to reinstate the Applicant in her service | by setting aside and quashing the suspension ord er, if any;
c) Direct the Respondent Avthorttes to pay the ~ arrear salary from the month: lof May, 2006 to August, 2006 and the | allowances/ compensation as entitled, by the Applicant during put off duty, ie.; from' 20-09-2006 to till date and/or pass any other) order/orders as Your Honour:may deem fit and proper, so as to grant adequate relief to the An plicant."
TST cakes PEP ys | = Page 20f5 . a , ¥ 5 sot Rogie Peake eee oem e Division visited the BO and alleged that duti | Case No.131 /2009 (GDE No.97 dated (06!07.2009) and ft t f ; [th aa pap H t i iy
2. _ The brief facts, as narrated by the applicant are that applicant is she was appointed. as EDBPM of Khagrabari Branch suddenly on 20.09.2006 the Inspector of Posts, subsequently by judgment and order dated 20. in GR Case No.1179/2012 she was acquitted be:
é tot sant prayed for Vide representation dated 29.04.2017 applic pee office w.e.f. 06-09-1985 and while she was working as such Mangaldai Sub ae her duty she "kept shortage in office cash' and with immediate effect she | was put off duty. A criminal case was registered vide Paneri PS 93.2017 passed from the case.
reinstatement in service, release of salary. 6f{}May, 2006 to August, 2006. and the allowance/compensation as entitled during put off duty but to no avail she was? memorandum of charge dated 24.07.20] complete as yet. Hence this OA.
3. Mr.S.K.Roy, learned: counsel for the | ! yreet hg gee ee pein pee Puig fete ee mc served with the which. is not applicant, since __ the date of put off duty i.e., the applicant has Inot been paid : any subsistence allowance Till date. Learned to Rule 12 {3) of the Department of Posts, Gra wed fo "4s I 4 ed pa counsel referred min Dak Sevaks 4 H e ' i My i No.040/00065/2018 | " Page3ofS j 4. Mr.S.K.Ghosh, applicant i is entitled to subsistence allowance put off duty to till date. The léamed counsel als | ani the departmental proceeding was initiate applicant vide memorandum dated 29. 04, 20 learned Addl. C i i 7 for incidence f .
: - occurring prior to 20.09.2006 and the said DP isésti ic om a . : : :
a {Conduct and Engagement), Rules, 2011. ang supmitted that om the date of submitted that al against the ll pending.
»-C. for the respondents referring to the written statement filed by the respondents suomitted that applicant was if where the depariment had to incur huge ld:
RS. 1 42,81 7.60 which is yet To be recovered. 5, | We: have heard both sides and a pleadings. It is an admitted fact that the & been paid any subsistence allowance. til | ss; to the tune of avolved in fraud pprte through the O Slicant has not date and the _deparimental proceedings against the applica it is pending. In _ that view of the matter, we direct the respondents to conclude the departmental proceedings against the a vide memorandum dated 24.07.2017 within 'cl period of two ~.months from the date of receipt of this order. oplicant initiated AS regards ihe paymeni of subsistence allowance, the respondents are further No.040/00065/2018 Page 4of 5 :
ret :
OA No.040/00065/2018 directed to release the subsistence allowance (@) 7 as Admissible to the applicant under Rule 12:{3) of the Depariment of Posts, . Gramin Dak Sevak (Conduct and Engagement) Rules, 2011] with utmost expedition but not later than two ironths from the date of receipt of this order. | :
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