PRINCIPAL CHIEF POST MASTER GENERAL KARNATAKA CIRCLE, DIRECTOR OF POSTAL SERVICES, SENIOR SUPERINTENDENT OF POST OFFICES BANGALORE EAST DIVISION AND THE UNION OF INDIA (UOI) BY ITS SECRETARY DEPT OF POSTS Vs. SOPAN MADARI S/O MALLAPPA MADARI WOR

JUDGEMENT

(1.) THE Petitioner in this writ petition is challenging the order dated 29 -8 -2006 made in O.A. No. 347/2005 passed by the Central Administrative Tribunal, Bangalore Branch, Bangalore (hereinafter referred to as 'CAT') wherein the CAT quashed the order dated 27 -4 -2005 passed by the Reviewing Authority, the first Petitioner herein and restore the order passed by the Appellate Authority, the second Petitioner herein has filed this writ petition.

(2.) THE brief facts of the case are as follows: The Applicant in O.A. No. 347/2005 approached the CAT challenging the order dated 27 -4 -2005 passed by the first Petitioner inter alia contending that he was initially appointed as a Postal Assistant on 10 -6 -1983 subsequently, he was promoted as a Senior Clerk on 30 -4 -1995. The Disciplinary Proceedings was initiated against him for certain misconduct and article of charges dated 4 -9 -2002 was issued alleging violation of provision of Rule 3(1)(i)(ii) and (iii) of Central Civil Service (Conduct) Rules 1964. The article of charges reads as under: ARTICLE - 1 That the said Sri. Sopan Madari while working as PA at R.T. Nagar HO for the period from December 1998 to December 2001 had converted the NSC counter transactions into that of agents transactions thereby the department sustained the loss of such commission paid. Thus the official alleged to have violated the instructions issued from Dte. Vide P.O. Circular No. 66 dated 04 -03 -1960 thus exhibited lack of integrity and devotion to duty as required by him under the provisions of Rule 3(1)(i) and 3(1)(ii) of CCS (Conduct) Rules, 1964. ARTICLE -11 That the said Sri. Sopan Madari while officiating as SPM. RMV Extn. II Stage P.O. for the period from 10 -05 -2002 to 13 -05 -2002 had objected for opening of new RD accounts and also behaved rudely with the MPKBY agent Smt. Nagabhushamamma thus alleged to have exhibited lack of devotion to duty and acted in a manner of unbecoming of a Government servant as required by him under the provisions of Rule 3(1)(ii) and 3(1)(iii) of CCS (Conduct) Rules, 1964. ARTICLE - III That the said Sri. Sopan Madari while working as PA, RMV Extn., PO on 17 -05 -2002 was served with the Senior Superintendent of Police Offices, Bangalore East Division, Bangalore 560 025 Memo No. F/Misc/digs/02 -03 dated 17.05.2002 suspending him on the afternoon of 17.05.2002 in connection with an enquiry in to the alleged complaint against Sri. Sopan Madari and the said Sri. Sopan Madari acknowledged the Memo of suspension but refused to sign the charge report offered by ASP, Bangalore east Sub -Division - 1, Bangalore -560 016. Therefore, it is alleged that the said Sri. Sopan Madari by refusing to sign the charge reports in connection with his suspension with the case disobeyed the orders of ASP, BG East Sub -Division I and thus acted in a manner of unbecoming of a Government servant as required by him under the provisions of Rule 3(1)(iii) of CCS (Conduct) Rules. 1954.

(3.) THE Revisional Authority by its order dated 27 -4 -2005 revised the order passed by the Appellate Authority ordering compulsory retirement from service with immediate effect. The Applicant, being aggrieved by the order dated 27 -4 -2005 passed by the Revisional Authority, approached the CAT, Bangalore Branch. Bangalore challenging the same contending that the order passed by the Revisional Authority is contrary to law and illegal. Further contended that when the Appellate Authority after appreciating the oral and documentary evidence came to the conclusion that the punishment imposed is disproportionate, the Revisional Authority has no power to review the order passed by the Appellate Authority and the scope of review is limited and sought for setting aside the order passed by the Revisional Authority.