w w w . L a w y e r S e r v i c e s . i n

Deben Kumar Saharia v/s The Union of India, Rep. by the Secretary to the Government of India, Ministry of Communications & IT, Department of Posts, New Delhi & Others

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Company & Directors' Information:- M G COMMUNICATIONS PRIVATE LTD [Converted to LLP] CIN = U74899DL1986PTC023568

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Company & Directors' Information:- A P COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U94201DL2001PTC112095

Company & Directors' Information:- N V COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC135640

Company & Directors' Information:- N C COMMUNICATIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72500DL1996PTC075119

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Company & Directors' Information:- D S COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U64202DL2005PTC142556

Company & Directors' Information:- O. T. S. COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U93000MH2007PTC169128

Company & Directors' Information:- R K D COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U64200MH2011PTC217962

Company & Directors' Information:- N S S COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U72200TG2010PTC071384

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Company & Directors' Information:- B R I O COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U22300DL2012PTC242469

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Company & Directors' Information:- D W W COMMUNICATIONS PRIVATE LIMTIED [Strike Off] CIN = U64200DL2007PTC169339

Company & Directors' Information:- K 2 COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74300KA2007PTC042842

Company & Directors' Information:- K. R. COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74999GJ2016PTC093336

Company & Directors' Information:- A. N. COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74130DL2020PTC372569

Company & Directors' Information:- V R COMMUNICATIONS INDIA PRIVATE LIMITED [Active] CIN = U74999PN2021PTC202406

Company & Directors' Information:- U F O COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U92100DL1997PTC087625

Company & Directors' Information:- K & K COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74300TN1995PTC030627

Company & Directors' Information:- Z AND N COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74300TZ1996PTC007333

    Original Application No. 040/00020 of 2019

    Decided On, 23 January 2019

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicant: D.N. Sharma, Advocate.

Judgment Text

Oral Order:

Manjula Das, Judicial Member.

1. By this O.A., applicant makes a prayer for a direction upon the respondents to set aside the punishment order No.F4-1 /16-17/Dopdar B.O/D K. Saharia dated 26.04.2018 imposed by the Disciplinary Authority i.e. Respondent No. 3 for recovery of Rs.57,000/- from the salary and withholding the increment for two months affecting his all retiral benefits of future life of the applicant.

2. Mr. D. N. Sharma, learned counsel appearing on behalf of the applicant submits that while the applicant working as Sub Post Master at North Guwahati Sub Post Offices under Guwahati Division, he was served with a Memorandum. of charge sheet No. F4-1/16-17/Dopdar B.O/D.K. Saharia dated 29.12.2017. By the said Memorandum, it was alleged that while the applicant working as Sub Post Master, North Guwahati Sub Post Office under Guwahati Head Post Office for the period from 25.01.2010 to 04.05.2013 did not call for the pass books for inclusion of annual interest in violation of Rule 75 of SB Manual Vol. 1. He also did not prepare any list of pass books of which had not been received for posting of interest by 20th July every year and did not send the list to the concerned IPO. Applicant also did not submit the prescribed report/certificate to the divisional head or to the Head Post Office to the effect that the list of pass books not received for interest posting at S.O. had been duly prepared by the S.O and sent to the concerned Inspector and also did not prepare the special error book. He also failed to maintain SB 45 Register and does not follow Rule 33 of POSB Manual Volume-I at all.

3. Mr. Sharma further submits that after receipt of the Memorandum of Charge sheet dated 29.12.2017, applicant submitted a representation on 10.01.2018 by demanding to supply 14 numbers of relevant documents. Since the records sought for by the applicant in his representation dated 10.01.2018 were not available in the custody of the Disciplinary Authority, the applicant was therefore directed to visit the office of the Superintendent of Post Offices, Guwahati Division, Guwahati who also could not supply the all 14 documents. Thereafter, applicant submitted a written statement on 19.03.2018 denying the alleged charges leveled on him. On receipt of the written statement dated 19.03.2018, the Disciplinary Authority i.e. respondent No. 3 without establishing the charges, passed an order of recovery for Rs.57,000/- from the salary of the applicant along with withholding of one increment for two months without cumulative effect vide order No. F4-1/16-17/Dopdar B.O/D. K Saharia dated 26.04.2018 which according to Mr. Sharma would adversely affect his all retiral benefits in future.

4. Mr. Sharma further submits that against the said order dated 24.10.2018, applicant submitted a review representation dated 24.10.2018 before the respondent No. 2 but the same has not been disposed of. Learned counsel fairly submits that for proper adjudication of the matter, let the pending review representation dated 24.10.2018 be decided first by the respondent No. 2.

5. In view of the above, by accepting the prayer made by the learned counsel for the applicant, without going into the merit of the case and without issuing notice to the respondents, in the interest of justice, we direct the respondents more particularly respondent No. 2 i.e. Chief Postmaster General, before whom representation made by the applicant is pending, to consider and dispose of the pending representation dated 24.10.2018 in

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accordance with law within a period of one month from the date of receipt copy of this order. 6. It is made clear that whatever order to be passed by the respondent No. 2 should be reasoned and speaking and be communicated to the applicant forthwith. 7. With the above directions, O.A. stands disposed of accordingly at the admission state. There shall be no order as to costs.