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Chandra Bhushan Prasad v/s The Union of India, Rep. by the Secretary to the Govt. of India, Ministry of Communications and IT, Department of Post, New Delhi & Others

    Original Application No. 043/00426 of 2018

    Decided On, 04 January 2019

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicant: S. Nath, G.J. Sharma, Advocates. For the Respondents: R. Hazarika, Addl. CGSC.

Judgment Text

Manjula Das, Judicial Member.

1. By this O.A., applicant makes a prayer for a direction upon the respondent authorities to, set aside and quash the impugned memorandum of charge sheet dated 19.05.2017, the impugned inquiry report dated 12.04.2018 and impugned penalty order dated 22.06.2018 and to direct the respondents to refund the money already recovered in terms of the impugned penalty order dated 22.06.2018.

2. At the outset of moving the instant O.A., Mr. S. Nath, learned counsel appearing on behalf of the applicant submits that against the impugned penalty order dated 22.06.2018, the applicant preferred an appeal before the Director of Postal Services (HQ), respondent No. 3 on 07.08.2018 with a prayer to set aside the impugned penalty order. Accordingly, learned counsel prays for a direction upon the respondents to dispose of the said appeal dated 07.08.2018 where the learned Addl. CGSC appearing on behalf of the respondents Mr. R. Hazarika has no objection.

3. In view of the above, by accepting the prayers made by the learned counsel on both sides as well as without issuing notice to the respondents and without going into the merit of the case, we direct the Appellate Authority/Respondent No. 3 to dispose of the pending appeal dated 07.08.2018 within a period of one month with due opportunity of being heard to the applicant and if so desires, defence assistance of lawyer be allowed.

4. Till then, no such recovery shall be made. It is made clear that, whatever decision to be arrived by the Appellate Authority/Respondent No. 3, shall be reasoned and spe

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aking and shall be communicated to the applicant forthwith. 5. With the above direction, O.A. stands disposed of accordingly at the admission stage. No order as to costs.