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Sachindra Das v/s The Union of India, Represented by the Secretary, Communication Department of Posts, New Delhi & Others

Company & Directors' Information:- E N COMMUNICATION PRIVATE LIMITED [Active] CIN = U92132DL2005PTC143469

Company & Directors' Information:- T C COMMUNICATION PRIVATE LIMITED [Active] CIN = U74999DL2000PTC105354

Company & Directors' Information:- J J COMMUNICATION PRIVATE LIMITED [Active] CIN = U74300WB1997PTC085828

Company & Directors' Information:- P. K. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92141DL1984PTC017748

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Company & Directors' Information:- P N COMMUNICATION P. LTD. [Active] CIN = U32204DL2001PTC111327

Company & Directors' Information:- A B AND U COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74300MH1997PTC107160

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Company & Directors' Information:- H V COMMUNICATION PRIVATE LIMITED [Active] CIN = U52602DL2009PTC193309

Company & Directors' Information:- A AND A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92132DL2001PTC110975

Company & Directors' Information:- B. M. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100DL2012PTC244419

Company & Directors' Information:- H. K. COMMUNICATION PRIVATE LIMITED [Active] CIN = U64100DL2013PTC255831

Company & Directors' Information:- B R COMMUNICATION PRIVATE LIMITED [Active] CIN = U64203DL2002PTC114477

Company & Directors' Information:- N S N COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100KA2014PTC073757

Company & Directors' Information:- N A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC182901

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    Original Application No. 041/00148 of 2018

    Decided On, 01 November 2018

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicant: P. Maishan, Advocate. For the Respondents: R. Hazarika, Addl. C.G.S.C.

Judgment Text

Oral Order:

Manjula Das, Member (J).

1. By this O.A. filed under Section 19 of the Administrative Tribunals Act, 1985 the, applicant is seeking following relief(s):-

“I Quashing and cancelling the letter, dated 14/11/2012, issued by the Inspector of Post, Dharmanagar Sub-Division.

II, Directing the Respondents to withdraw the letter of termination of the Applicant’s service by letter dated 14-11-2012 (Annexure-A-1) consequent on the conviction being set aside by the Hon’ble Court, which now reached finality, and he be reinstated accordingly, as Sub Post Master Ananada bazar Sub Post Office, with all consequential relief.”

2. Mr.P.Maishan, learned counsel for the applicant submits that applicant was initially appointed on 25-11-1988 and after 9 years he was formally appointed as Extra Departmental Delivery Agent (EDDA in short) vide letter dated 17.02.1998. He continued as such till 28.07.2004 when he was entrusted with the charge of GDS-BPM of Anand Bazar Branch Post Office. He was put off duty w.e.f. 19.06.2010 for his arrest by police in connection of Kanchapur P.S. Case No.41/2010. On his conviction and sentence u/s 409 IPC, 1860 to suffer vigorous imprisonment for 2 years by the Court of Judicial Magistrate 1st Class, Kanchanpur, North Tripura vide judgment and order dated 31.10.2011, the applicant was terminated from service w.e.f. the date of put off duty on 19.06.2010. The said judgment and order was upheld by the Addl. Sessions Judge, Dharmanagar, North Tripura in Criminal Appeal No. 40(4)/2011 vide its judgment and order dated 09.12.2011.

3. Learned counsel further submits that the applicant had assailed the said judgment and order dated 09.12.2011before the Hon’ble High Court of Tripura in Criminal Revision Petition No.05 of 2012 and the Hon’ble High Court vide judgment and order dated 09.03.2016 set aside the conviction orders. Learned counsel further submits that the in view of his acquittal applicant submitted a representation dated 23.06.2016 for his reinstatement in service but till date no reply has been received from the respondents.

4. According to the learned counsel, the applicant was terminated from service in view of his conviction and since OA No.041/00148/2018 Page 4 of 6

the said conviction orders have been set aside by the Hon’ble High Court, the applicant is entitled to be reinstated in service.

5. The OA was admitted and notices were issued vide order dated 23.05.2018. Thereafter several opportunities were granted to the respondents vide orders dated 19.07.2018, 31.08.2018 & 05.10.2018 to file their written statement but no written statement has been filed as yet.

6. This Tribunal has been set up for speedy disposal of the service matters. This is a matter pertaining to the territorial jurisdiction of the State of Tripura and since this Circuit Court is being held at Tripura to consider the matters of territorial jurisdiction of the State of Tripura, we are inclined to dispose of this matter here.

7. Mr.R.Hazarika, learned Addl. C.G.S.C. for the respondents submits that even though applicant has been acquitted by the Hon’ble High Court a disciplinary proceeding had already been initiated against the applicant and the applicant was asked to appear before the said proceeding, however, he had not appeared before the said proceeding on the date fixed.

8. Be that as it may, no document has been placed before us apropos initiation of the disciplinary proceeding against the applicant. Admittedly the applicant was terminated from service in view of his conviction. However, the conviction orders have already been set aside by the Hon’ble High Court. According to the applicant, his representation praying for reinstatement in view of his acquittal has not been considered by the respondents.

9. In view of the above, we hereby direct the respondents to consider and dispose of the pending representation of the applicant dated 23.06.2016 keeping in mind the decision of the Hon’ble High Court of Tripura dated 09.03.2016 setting aside the convi

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ction orders within a period of one month from the date of receipt of this order. Since the learned counsel for the respondents submitted that disciplinary proceeding against the applicant is pending, this order will, however, not restrain the respondents to proceed with the disciplinary proceeding as per rules and the applicant is directed to cooperate with the said proceeding. 10. OA is disposed of accordingly. There shall be no order as to costs.