A SUDHAKAR Vs. POST MASTER GENERAL HYDRABAD

JUDGEMENT

(1.) The Appellant was working as a Sub-Post Master Marrimandal. A departmental proceeding was initiated against him by the Superintendent of Post Offices, Hanamkonda where for a chargesheet was issued on 13.8.1992. An Enquiry Officer was appointed. He was found guilty of commission of the first charge and a part of third charge but he was exonerated in respect of the second charge.

(2.) Although the chargesheet was issued by the Superintendent of Post Offices although he was otherwise the disciplinary authority in respect of the Appellant, but as he was appointed to the Lower Selection Grade by the Director of Postal Services in the year 1983 prior to divisionalization of Lower Selection Grade Cadre which took place from July, 1989, upon completion of the enquiry, the records were forwarded to the Director of Postal Services being the appointing authority. As the Director of Postal Services was both appointing and disciplinary authority in respect of the Appellant herein, he took into consideration the aforementioned report of the Enquiry Officer and by an order dated 7.3.1994 imposed a punishment of compulsory retirement of the Appellant from services. He preferred an appeal there against before the Post Master General which was dismissed by an order dated 8.4.1994. An Original Application thereafter was filed by the Appellant before the Central Administrative Tribunal, which was allowed.

(3.) The contentions of the Appellant before the said Tribunal were: