Central Administrative Tribunal - Kolkata
Nurul Islam vs Department Of Posts on 4 September, 2025
1 OA 797/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
O.A. 350/797/2025 Date: 04.09.2025
Coram: Hon'ble Smt. UrmitaDatta (Sen), Judicial Member
Hon'ble Mr.Suchitto Kumar Das, Administrative Member
In the matter of :
Nurul Islam, son of Hafijur Rahaman, aged about 35 year
8 months, Working as Postal Assistant, Attached to
Raiganj Head Office (Now under suspension), residing at
Village- Haripukur, P.O.-Kalaibari, District-
DakhinDinajpur, West Bengal, PIN- 733128, Mobile
Number- 7001566647, email id:-
[email protected] Group- C Service
.......Applicant
Vs.
1. The Union of India, Service through the Secretary,
Ministry Communication of and Information Technology,
Department of Post and Telegraph, DakBhavan, New
Delhi-110001 Email: [email protected]
2. The Chief Post Master General, West Bengal Circle,
JogajogBhavan, Kolkata 700012,
Email:[email protected].
3. The Post Master General, North Bengal Region,
Siliguri- 734001, Email: [email protected]
4. The Director of Postal Services, Office of the Post
Master General, North Bengal Region, Siliguri- 734001.
Email: [email protected]
5. The Superintendent of Post Offices, Uttar Dinajpur
Division, Raiganj, Post Office- Raiganj, Dakshin Uttar
Dinajpur, Pin-733134, Email:
[email protected].
.......Respondents
Digitally signed by Pampa Nandi
Debnath
DN: C=IN, O=Personal, T=1575,
OID.2.5.4.65=
133596280922834876S4dj74l44
OOh8c, Phone=
Pampa feef9776669c46fe6184e820dd91
0dd7d01593942dd0b54986bb0e3
896815227, PostalCode=700131,
S=West Bengal,
Nandi SERIALNUMBER=
965e50cc3fa0709cded2168635de
e2247261f62bbbc47678dd5cb72
Debnath a133ee6b9, CN=Pampa Nandi
Debnath
Reason: I am the author of this
document
Location:
Date: 2025.09.25 12:07:23-07'00'
Foxit PDF Reader Version:
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2 OA 797/2025
For the Applicant : Mr. A. Chakraborty, Ms. P. Mondal; Counsel
For the Respondents : Mr. G. Chatterjee; Counsel
O R D E R (ORAL)
Per: Mr.Suchitto Kumar Das, Administrative Member The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):
"a) The respondents, their men, agents and sub-ordinates be directed to cancel, rescind and/or withdraw the impugned orders of suspension being No. F4-1/04/UDNJ/2025/Nurul Islam dated 13.02.2025 issued by the Superintendent of Post Offices, being annexure 'A-5' and office order No. F4-1/04/UDNJ/2025/Nurul Islam dated 14.05.2025 issued by the Superintendent of Post Offices, Uttar Dinajpur Division, Raiganj-
733134 being Annexure 'A-15' to this application and to allow the applicant to resume his duty as Postal Assistant, attached to Raiganj Head Office, immediately.
b) An order do issue directing the respondent authorities to extend the benefit of settled judicial propositions as well as the benefit of The Ministry of Personnel, Public Grievances and Pensions, DOPT Office Memorandum dated 23.08.2016 vide F. No. 11012/04/2016-Estr. (A) in favour of the applicant and thereby treating the suspension of the applicant as lapsed/revoked on expiry of 3 months from 07.03.2024 and thereby to allow him to resume his duties in the capacity of Sub Post Master under the respondents at transferred place with immediate effect;
c) To grant all consequential benefits;
d) To certify and transmit the entire records and papers pertaining to the applicant's case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed for in (a) and (b) above;
e) To pass such other order or orders as to your Lordship may deem fit and proper."
2. Heard Ld. Counsel for both sides.
3. Ld. Counsel for the applicant submits that the prayer of the applicant is only to let him join his service because the extension of suspension is not valid in the light of the DoPT OM No. 11012/04/2016-Estt.(A) dated 23.08.2016.
Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S4dj74l44 OOh8c, Phone=Pampa feef9776669c46fe6184e820dd91 0dd7d01593942dd0b54986bb0e3 896815227, PostalCode=700131, S=West Bengal, Nandi SERIALNUMBER= 965e50cc3fa0709cded2168635de e2247261f62bbbc47678dd5cb72 Debnath a133ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.09.25 12:07:23-07'00' Foxit PDF Reader Version:
2024.4.0 3 OA 797/2025
4. DoPT O.M. No. 11012/04/2016-Estt.(A) dated 23.08.2016 is quoted below:
"Where a Government servant is placed under suspension, the order of suspension should not extend beyond three months, if within this period the charge-sheet is not served to the charged officer. As such, it should be ensured that the charge sheet is issued before expiry of 90 days from the date of suspension. As the suspension will lapse in case this time line is not adhered to, a close watch needs to be kept at all levels to ensure that charge sheets are issued in time."
It is an admitted fact that the charge sheet has been issued on 30.08.2025.
The applicant was put under suspension from 13.02.2025. Period of 90 days as stipulated in DoPT's above quoted O.M. has already passed on 13.05.2025.
5. In view of the above provisions, the impugned Order dated 14.05.2025 extending the suspension of the applicant is quashed and set aside.
Respondents are directed to permit the applicant to join service. Respondents are at liberty to take appropriate steps as per law.
6. Accordingly, the O.A stands disposed of at admission stage. There shall be no order as to costs.
(Suchitto Kumar Das) (UrmitaDatta (Sen)) Administrative Member Judicial Member pd Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S4dj74l44 OOh8c, Phone= Pampa feef9776669c46fe6184e820dd91 0dd7d01593942dd0b54986bb0e3 896815227, PostalCode=700131, S=West Bengal, Nandi SERIALNUMBER= 965e50cc3fa0709cded2168635de e2247261f62bbbc47678dd5cb72 Debnath a133ee6b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2025.09.25 12:07:23-07'00' Foxit PDF Reader Version:
2024.4.0