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[Cites 2, Cited by 0]

Central Administrative Tribunal - Kolkata

Anath Bandhu Guria vs D/O India Post on 24 July, 2019

    /'■                                      1
                                                                           oa 253/2014



i                          CENTRAL ADMINISTRATIVE TRIBUNAL
                                 KOLKATA BENCH
                                    KOLKATA

      0. A/350/253/2© 14                                 Date of Order: 24,07.2019

      Coram:     Hon'ble Ms. Bidisha Banerjee, Judicial Member
                 Horj'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member

                           Shri Anath Bandhu- Curia, son of Late Debendra
                           Nath Guria, aged about 59 years, working as
                           G.D.S. Branch Post Master, Nij-Kasba Branch
                           Post Office, under Contai Division, now under
                           order of removal from engagement, residing ,at
                           V,ill. & P.O. Nij-Kashba, P.S Khejuri, Dist. Purba
                           Medinipur.
                                                                     "Applicant.

                                       •versus-
                           1. Union of India through the Secretary, Ministry
                           of Communication, Department of Posts, Dak
                           Bhavan, New Delhi -.1.
                           2. The Chief Post Master General, Y'ogayog
                                                                                         !•
                           Bhavan, C.R.. Avenue'y Kolkata. -- 700©12.
                           3. The Post Master General, South Bengal
                           Region,-Yogayog Bhavan, Kolkata - 700012.
                           4. 'The Director of Postal Services, South Bengal
                           Region, P-36. C.R. Avenue, Yogayog Bhavan,
                           Kolkata- 700012.
                           5. The Superintendent of Post Offices, Contai
                           Division, P.O Contai, Dist. Purba Medinipur -
                           721401:
                           6. The Inspector of Post Offices, Contai 2nd sub'
                           division, P.O Contai, Dist. Purba Medinipur -
                           721401.
                           7. Sri Rabindra Nath Panja, ASRM, Howrah
                           RMS/2, RMS WB Division, Howrah-1 & 1-0.
                                                                ••Respondents


      For The Applicant(s):       Mr. A. Chakraborty, counsel
                                  Ms. P. Mondal, counsel

      For The Respondent(s): Ms. M. Bhattacharya, counsel
                                              2.
                                                                                                                i
                                                                         oa 253/2014                            i



                                      0 R D E R (Oral)

     Per: Ms. Bidisha Baneriee, Member (J):

r Heard Id. counsel for both the parties.

2. Since the applicant has been acquitted of the charges framed under 409 IPC and on identical charges he has been removed from service, but no representation has been preferred to the higher authorities seeking revision of the order of removal in view of subsequent acquittal, applicant is granted liberty to prefer a suitable comprehensive representation to the competent i i authority within 4 weeks from the date of receipt of this order to seek ! benefit of the ratio in G.M. Tank versus State of Gujarat 2006 SCC (L&S) 1121.

3. In the event such representation-is preferred, the respondent authority shall dispose it of in the light of G.M. Tank versus State of Gujarat 2006 SCC i (L&S) 1121 and pass a reasoned and speaking order within 2 months 1 thereafter.

' 4. It is made clear that we have not entered into the merits of the matter v r1 and, therefore, all points are kept open for consideration of the respondent authorities.

5. O.A accordingly stands disposed of. No costs I (Nandita Chatterjee) 'v- (Bidisha Ban&rjee) Member (A) Member (J) ss i i ( ! I 1 < I