At, Central Administrative Tribunal Guwahati Bench Guwahati
By, THE HONOURABLE MRS. MANJULA DAS
By, JUDICIAL MEMBER & THE HONOURABLE MR. NEKKHOMANG NEIHSIAL
By, ADMINISTRATIVE MEMBER
For the Applicant: S.K. Roy, K. Rahman, Advocates. For the Respondents: S.K. Ghosh, Addl. C.G.S.C.
Manjula Das, Judicial Member.
1. By this O.A., filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking following relief(s):-
'a) Set aside and quashed the impugned Memorandum dated 24-07-2017 along with the corrigendum dated 02-08-2017 as also the departmental proceedings initiated against the Applicant.
b) Direct the Respondent Authorities to reinstate the Applicant in her service by setting aside and quashing the suspension order, if any;
c) Direct the Respondent Authorities to pay the arrear salary from the month of May, 2006 to August, 2006 and the allowances/compensation as entitled by the Applicant during put off duty, i.e., from 20-09-2006 to till date and/or pass any other order/orders as Your Honour may deem fit and proper, so as to grant adequate relief to the Applicant.'
2. The brief facts, as narrated by the applicant are that applicant is she was appointed as EDBPM of Khagrabari Branch office w.e.f. 06-09-1985 and while she was working as such suddenly on 20.09.2006 the Inspector of Posts, Mangaldai Sub Division visited the BO and alleged that during her duty she kept shortage in office cosh and with immediate effect she was put off duty. A criminal case was registered vide Paneri PS Case No.131/2009 (GDE No.97 dated 06.07.2009) and subsequently by judgment and order dated 20.03.2017 passed in GR Case No.1179/2012 she was acquitted from the case. Vide representation dated 29.04.2017 applicant prayed for reinstatement in service, release of salary of May, 2006 to August, 2006 and the allowance/compensation as entitled during put off duty but to no avail. She was served with the memorandum of charge dated 24.07.2017 which is not complete as yet. Hence this OA.
3. Mr.S.K.Roy, learned counsel for the applicant, since the date of put off duty i.e., the applicant has not been paid any subsistence allowance till date. Learned counsel referred to Rule 12 (3) of the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 and submitted that applicant is entitled to subsistence allowance from the date of put off duty to till date. The learned counsel also submitted that the departmental proceeding was initiated against the applicant vide memorandum dated 29.04.2017 for incidence occurring prior to 20.09.2006 and the said DP is still pending.
5. Mr.S.K.Ghosh, learned Addl. C.G.S.C. for the respondents referring to the written statement filed by the respondents submitted that applicant was involved in fraud where the department had to incur huge loss to the tune of Rs.1,42,817.60 which is yet to be recovered.
5. We have heard both sides and gone through the pleadings. It is an admitted fact that the applicant has not been paid any subsistence allowance till date and the departmental proceedings against the applicant is pending. In that view of the matter, we direct the respondents to conclude the departmental proceedings against the applicant initiated vide memorandum dated 24.07.2017 within a period of two months from the date of receipt of this order. As regards the payment of subsistence allowanc
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e, the respondents are further directed to release the subsistence allowance, as admissible to the applicant under Rule 12 (3) of the Department of Posts, Gramin Oak Sevak (Conduct and Engagement) Rules, 2011 with utmost expedition but not later than two months from the date of receipt of this order. 6. The OA is disposed of accordingly.