Central Administrative Tribunal - Kolkata
Biswajit Dolai vs D/O India Post on 20 March, 2018
1 CENTRAL ADMINISTRATIVETRiBUNAL CALCUTtA BENCH EL:1B::":UY No. O.A. 350/1278/2Q17 Date of Order: 20.03.2018 M.A. 350/773/2017 Present: Hon'ble Ms. Manjula Das, Judicial Member Hon'ble Or. Nandita Chatterjee, Administrative Member Biwa]it Dolai, son of Gopal Ch. Dolai, working as ex-GDSBPM at Midnapur Diyision of Village- Heria, Post Office- J.N. Chary, Pin- 721150, Dist-Midnapur(W).
pplicant.
-versus-
The Union o!jy diarsectje through the Dept. of Post, a woet(- 110001.
The (2ioj'st%\eneraii
We4t hg Jg Bb4ian,
Chit!dniafl\Ujjj1ata-Ob 012.
3' The Se\i6 Sup 4nt nt?9'ost Office,
Midnapo Midnapore,
District- Midn - 721101.
.Respondents.
For the Applicant Mr. U. Roy, Counsel
Mr. U. Banerjee, Counsel
For the Respondents : Mr. P. Mukherjee, Counsel
'OROER (Oral)
Per Dr. Nandita Chátterjee, Adrninistttive Member:
Heard both counsels for the applicants and respondents.
2. The applicant had approached before the Tribunal under Secton 19 of the AT Act, 1985, seeking the following reliefs:
2j 2
- "8(a) To resume his duties as earlier to the applicant for the post of Grarnin Dak Sevak Eranch Post Master under the control of the V A respondent authorities by cancelling the previous order dated 20.08.15 passed b the concerned respondent authorities.
(b) To call upon the Principal Chief Post Master General, West Bengal Circle and also the Superintendent of Post Office, Paschim Medinipur to produce the records of the case at the time of hearing of this application, so that upon perusal thereof conscionable justice may therein be administered to the applicant.
(c) Any other or further order or relief or reliefs be] passed by this Hon'ble Tribunal which may deem fit and proper."
3. Learned counsel for applicant draws our attention to the order of the Appellate Authority who is the Director Postal Services dated 11.05.2015 (Annexure A-2 to the OA) and the order of the Revisional Authority Who is the Postmaster General dated 20. to the OA). It is noted here that no order of DisciplinarWMith in the OA.
S..
Learned counsel for polica jeRevisional Authority in his orders1 has cpncluded as fo
- p "Being the Revisionaryy-AtsThothyTh exercise of the power conferred upon me by R u l e 19(1) ibid of GDS (C&E) Rules, 2011 confirm the order of 'removal from:erlgagement which shall not be a disqualification for future employment'."
Ld. Counsel further submits that the applicant may be given liberty to submit a comprehensive representation before the competent authority to seek "further employment" under the respondent authority as no debarment to further employment has been confirmed by the Revisional Authority.
4. Hence, without entering into the merits of this matter, liberty is granted to the applicant to make acomprehensive representation within a period of 4 weeks from the date of receipt of a copy of this order and the concerned respondent authority, after receipt of such comprehensive . represertation, may decide according to rules and regulations as applicable and pass a reasoned and speaking order within a period of 6 weeks from the date of filing of such representation.
The order so passed to be communicated to the applicant immediately thereafter.
With this observation, the OA is disposed of: No order a to costs.
As the application is not being disposed of on merit, M.A. 350/773/2017 arising out of OA is alsodisposed of accordingly.
(Dr. Nandita-eIli&erjee) -. - 7. ( Manjula Das) Member (A) Member (J) pd F-
i8NN INi ALt-i iit' II