Central Administrative Tribunal - Jabalpur
Ashish Gupta vs Union Of India on 16 October, 2015
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH,
JABALPUR
Original Application No. 200/00938 of 2015
Jabalpur, this Friday, the 16th day of October, 2015
Mr. A.K. Patnaik, Judicial Member
Mr. G.P.Singhal, Administrative Member
Ashish Gupta,
S/o Shri C.P.Gupta,
Working as P.A.,
Date of Birth 12.07.1987,
R/o- Sai Colony, in fro of Dharmendra Dairy,
Gudigudaka Naka, Laskar, Gwalior (M.P.) 474001. - Applicant
(By Advocate Shri Vijay Tripathy)
V e r s u s
1. Union of India, Through its Secretary,
Ministry of Communication & IT, Department of Posts,
Dak Bhawan, Sansad Marg, New Delhi-110001
2. Chief Post Master General,
Madhya Pradesh Circle,
Hoshangabad Road, Bhopal-462012 (M.P.).
3. Post Master General,
Indore Region, Indore 452001 (M.P.).
4. Director, Postal Services,
O/o Post Master General,
Indore Region, Indore 452001 (M.P.).
5. Superintendent of Post Offices,
Chambal Division,
Murena 476001 (M.P.).
(By Advocate Shri S.P. Singh)
ORDER(Oral)
By A.K. Patnaik, JM.-
We have heard Mr. Vijay Tripathy, Ld. Counsel for the applicant, and Mr. Surendra Pratap Singh, Ld. Standing Counsel appearing for the Respondents.
2. The applicant has filed this O.A. under section 19 of the Administrative Tribunals Act, 1985 challenging the orders dated 23.07.2014 (Annexure-A/1) and 21.07.2015 (Annexure-A/2) and has further prayed to grant all consequential benefits.
3. The case of the applicant in nutshell is that after issuance of charge sheet dated 23.07.2014 (Annexure-A/1) under Rule 16 of the CCS (CCA) Rules, 1965, punishment of recovery of Rs. 2,88,000/- has been imposed on the applicant vide Annexure-A/2 dated 21.07.2015 without considering his representation. The applicant preferred an appeal on 10.09.2015 (Annexure-A/3) but the same has not yet been responded. It has further been submitted that the Respondents have started recovery from the salary of the applicant @ Rs. 8000/- per month from the month of August, 2015.
4. As the appeal of the applicant is still pending with the Respondent No.4 for consideration, without going into the merit of matter, we dispose of this O.A. by directing Respondents Nos.3 and 4 to consider the same and pass a reasoned and speaking order as per the rules in force and communicate the result thereof to the applicant in a well reasoned order within a period of three months. Though we have not gone into the merit of the matter, all the points raised in the appeal are kept open for Respondents Nos. 3 & 4 to consider as per the rules. If after such consideration the applicant is found to be entitled to the relief claimed by him then expeditious steps be taken to refund the amount already recovered from him. We make it clear that till the appeal is considered and result communicated to the applicant, there shall be no further recovery from the salary of the applicant. However, if in the meantime the said appeal has been disposed of then the result thereof be communicated to the applicant within a period of two weeks.
5. With the aforesaid observation and direction, this O.A. stands disposed of at this admission stage.
6. As prayed for by the Ld. Counsel for the applicant, copy of this order, along with paper book be sent to Respondents Nos. 3 and 4 by Speed Post at the cost of the applicant, for which he undertakes to file Postal Requisites within seven days.
7. Free copy of this order be made over to Mr.S.P. Singh, Ld. Sr. Standing Counsel appearing for the Respondents.
(G.P.Singhal) (A.K. Patnaik) Administrative Member Judicial Member RK 1 O.A.No. 200/00938/2015 Page 1 of 3