1. By this O.A., applicant makes a prayer for a direction upon the respondents to set aside and quash the impugned order under Memo No. A1/Mahajanpara B.O/2018 dated 14.05.2018 issued by the respondent No. 4 and direct the authority to take back him in his original post immediately.
2. Mr. D.N. Sarma, learned counsel appearing on behalf of the applicant submits that the instant applicant who provisionally appointed as GDS BPM, Mahajanpara B.O. by the Sr. Supdt. of Post Offices, Guwahati vide its Memo No. A/x-216/GDS BPM (P/F)/ Mahajanpara B.O. dated 09.11.2016 was arrested in connection with the Changsari PS Case No. 130/2018 u/s 120 (B)/395. According to Mr. Sarma, in the said PS Case, it is stated that a truck was loaded with 934 cartoons of cigarettes valued Rs. 10 Lakhs and it was hijacked by some miscreants from the High way and taken away the cigarette cartoons. During investigation, the accused incumbent Ahibur Rahman, who was red handed by the Police, Changsari, spoke name of Mir Ali as co accused. But the Police apprehended the applicant as co accused instead of other Mir Saidul and sent him to jail custody.
3. Mr. Sarma further submits that said facts were immediately intimated to the Inspector of Post Offices, East Guwahati Sub Division over phone for necessary action. However, the Inspector of Post Offices did not take any action to release the applicant. Rather issued a Memo No. A1/Mahajanpara B.O/2018 dated 14.05.2018 wherein he had been put off duty from the post of GDS, BPM, Mahajanpara B.O. until further order in contemplating disciplinary proceedings against him. According to Mr. Sarma, after completion of 15 days from the issue of the Memo dated 14.05.2018, the said put off duty order has not been approved by the appointing authority and as per Sub Rule 2 of Rule 12 of GDS (Conduct & Engagement) Rules, 2011, the said order stands to be in effective.
4. Learned counsel further submits that against the said Memo dated 14.05.2018, the applicant had approached before the Gauhati High Court by filing Bail Application No. 1209/2018 and the Hon’ble Gauhati High Court vide judgment and order dated 14.06.2018 disposed of the said Bail Application by granting Bail. Thereafter, the applicant made representation before the disciplinary authority on 18.06.2018 with a request to reinstate him in service as GDS, BPM, Mahajanpara B.O. since no charge sheet/memo of charge has been issued to him. The applicant also made an appeal on 25.07.2018 against the put off duty issued by the Inspector of Post Offices, Guwahati East Sub Division, Guwahati. Again the applicant submitted a representation before the Sr. Superintendent of Post Offices, Guwahati Division, Guwahati on 13.08.2018 with a prayer to allow him pay and allowances for those days of put off duty due to his financial hardship. But the respondent authorities are sitting idle without responding the same. Hence, the applicant has approached this Tribunal by filing the instant O.A. for redressal of his grievances.
Mr. Sarma vehemently argued that the Divisional Superintendent, Guwahati Division, Guwahati being the appointing authority is the competent authority for placing the applicant in put off duty from the post of GDSBPM, Mahajanpara BO. But in the instant case of the applicant, the Inspector of Post Offices, Guwahati East Sub Division, Guwahati (Respondent No. 4 being sub ordinate to Divisional Superintendent, can place the applicant put off duty from the post for GDS BPM, Mahajanpara B.O. subject to the approval-ratification by the Sr. Superintendent of Post Offices, Guwahati.
5. Mr. R. Hazarika, learned Addl. CGSC appearing on behalf of the respondents submits that he has no objection if a direction is issued by this court to decide the applicant’s representations first.
6. I have heard the learned counsels on both side, perused the pleadings and the documents annexed in the O.A. It is seen that an impugned Memo No. A1/Mahajanpara B.O/2018 was issued on 14.05.2018 as he was detained in custody on 24.07.2018 for a period exceeding 48 hours wherein the applicant had been put off duty w.e.f. the date of detention, i.e., the 27.04.2018 from the post of GDS BPM, Mahajanpara B.O. in contemplating disciplinary proceedings against him. Applicant submitted representations before the disciplinary authority on 18.06.2018 & 13.08.2018 and appeal on 25.07.2018 before the Appellate Authority with a request to take back him in service as GDS, BPM, Mahajanpara B.O. as well as to allow him pay and allowances for those days of put off duty which are pending for disposal.
7. In the present case, no charge sheet/memo of charge has been issued to the applicant. No such disciplinary proceeding has also been initiated against him. Applicant also enlarged b
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ail on 14.06.2018 by the Hon’ble Gauhati High Court in Bail Application No. 1209/2018. Hence, in view of the above circumstances, the applicant ought to have been reinstated in service immediately. Ordered accordingly. 8. Needless to mention that there is no bar for the respondents to adjudicate and dispose of the pending representations by allowing him to reinstate to the post of GDS BPM, Mahajanpara B.O. immediately. 9. The O.A. stands disposed of accordingly at the admission stage. No order as to costs.