Central Administrative Tribunal - Patna
Sunil Kumar Singh vs Posts on 13 October, 2022
1. OA/050/00535/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/00535/2021
Date of Order: 13th October, 2022
CORAM
HON'BLE MR M.C. VERMA, MEMBER [J]
HON'BLE MR. SUNIL KUMAR SINHA, MEMBER [A]
Sunil Kumar Singh, S/o Sri Rajdeo Singh, Village - Hasanpur Junaid, PO -
Hasanpur Gurda, P.S. - Mahnar, District - Vaishali, 844506.
.......... Applicant.
By Advocate :- Shri J.K.Karn
-Versus-
1. The Union of India through the Chief Post Master General, Bihar Circle,
Patna-800001.
2. The Director of Postal Services [HQ], O/o Chief Postmaster General, Bihar
Circle, Patna - 800001.
3. The Superintendent of Post Offices, Vaishali Division, Hajipur.
4. The Asstt. Superintendent of Post Offices, Vaishali East Sub Division,
Hajipur - 844102.
......... Respondents.
By Advocate :- Shri M.D.Dwivedi
O R D E R (ORAL)
M.C. Verma, M [ J ]
1. Being aggrieved by order, contained in memo No. A-BPM, Hasanpur Gurda/21-22 dated 30.07.2021 [Annexure-A/1] whereby he has been placed under 'Put off Duty', applicant has preferred instant OA.
2. Applicant is a GDS BPM at Hasanpur Gurda Branch Post Office in account with Mahnar Sub Post Office under Vaishali Postal Division, Hajipur. He has been placed under Put off Duty on 30.07.2021. Applicant's pleading is that neither any Charge memo has been issued to him nor any Disciplinary Inquiry has been initiated against him. That unnecessarily he has been kept under 'Put off Duty'. Prayer for quashing of aforesaid order dated 30.07.2021 has been made in the OA. Notice of OA was issued on 22.10.2021. Written Statement has been filed by the respondents on 04.04.2022, giving
2. OA/050/00535/2021 details of purported allegations against applicant and admitting the fact that he is under order of "Put off Duty" w.e.f. 30.07.2021.
3. Learned counsel for applicant, while pressing the OA submits that applicant would be satisfied if this O.A be disposed of in terms of order passed in OA/051/00270/2021 [Annexure-V]. He explained that issue erupted in this OA and the aforesaid O.A.270/2021 is identical and facts of both OAs are almost similar and this Tribunal on 02.11.2021, has disposed of OA No.270/2021 and observed that in view of above facts and discussions we are of the opinion that the extension of applicant's suspension beyond three months of its effective date i.e. 27.01.2020 was against the law settled by Hon'ble Supreme Court in the case of Ajay Kumar Choudhary [supra] and also against the DoPT guidelines issued on 23.08.2016. As the extension of suspension beyond the first three months without issuance of charge sheet within this period was against the law, subsequent issuance of charge sheet on 23.08.2021 does not make the extension any lawful. He also argued that otherwise also about fifteen months have passed after placing the applicant under "Put off Duty" but no charge-sheet has been issued and therefore also the continuance of order of "Put off Duty" is bad in law.
4. Requests of counsel for applicant that present OA may be disposed of by passing same order as was passed in OA No. 270/2021 has vehemently been opposed by learned counsel for respondent and he urged that applicant of OA/051/00270/2021 was covered under CCS [CCA] Rules, 1965 and therefore ratio decendi of judgment passed in OA No.270/2021 can render no help to the applicant, and the applicant of OA in hand is governed under GDS [Conduct and Engagement] Rules. He added that the departmental proceedings against applicant shall be initiated soon.
3. OA/050/00535/2021
5. Considered the submissions. It is not disputed that even after lapse of about 14-15 months, after placing the applicant under "Put off Duty", no charge memorandum has yet been issued.
6. Having taken note of entirety, particularly the facts that the applicant is under 'Put off Duty' w.e.f. 30.07.2021 and no Charge Memo has yet been issued by the respondents are directed to revoke put off duty forthwith, i.e. from today itself and a formal order to this effect shall be issued by respondents [competent authority] within a period of two weeks to be counted from the date of receipt of certified copy of this order. O.A. stands disposed of, accordingly. Pending MA, if any also stands disposed of accordingly. No order as to costs.
Sd/- Sd/- [ S.K.Sinha ] [M.C. Verma] Member [A] Member (J) mps/-