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Documents citing Uday Chandra Das vs Union Of India & Ors on 17 April, 2009

Ramakanta Mishra vs D/O Post on 27 April, 2023

This Tribunal is also reminded of one such decision af this Bench of the Tribunal in the case of Uday Shankar Das Vs. UOI in OA 4356/2001, who was Imposed with the minor penalty without inquiry, and by applying the decision of Hon'ble Apex in the case af O.K. Bhardwaj {supra} this Tribunal quashed the punishment vide order dated 203.2003, which was aiso upheld by the Hon'ble High Court of Orissa has 4S As the abegation against the applicant was factual, which was also denied pres ay the applicant in his defence representation before the Disciplinary Authority, as per the law the Disciplinary Authority ought te have called for a regular Inquiry instead of Imposing the punishment without inquiry.
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Sanatan Mallick vs Posts on 12 May, 2026

In the instant case, we also find that the charge is factual and has been denied by the applicant, therefore, by following the mandate enshrined by the Hon'ble Apex Court in the case of O.K.Bharadwaj (supra) and by this Bench in the case of Uday Shankar Das (supra) upheld by the Hon'ble High Court of Orissa, especially in absence of giving any reason in the order of punishment dated 15.09.2021 as to why the DA did not think to go ahead with the inquiry, the impugned order makes itself unsustainable in the eyes of law. Since, the order is held unsustainable, the order of the AA falls to ground. Accordingly, the orders of DA and AA are hereby quashed. In ordinary parlance, we would have remitted the matter for making inquiry but taking into consideration the fact that the charge relates to 2017-18 and the matter is still going on till date, we refrain from RAVI KUMAR 2026.05.12 10:31:33 +05'30' 11 O.A.No. 260/00602 of 2021 ordering so. Accordingly, the respondents are directed to refund the amount, if any, already recovered from the applicant within a period of 90 days from the date of receipt of a copy of this order.
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