KHADER PASHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who was appointed as Gramin Dak Sevak is before this Court against the order dated 23.01.2018 made in Original Application No.170/00176/2016 on the file of the Central Administrative Tribunal, Bangalore Bench, dismissing the application filed by him.

(2.) Brief facts of the case are as under: The petitioner has worked for more than 33 years of unblemished service. While he was in service, the 3rd respondent issued memo and placed the petitioner under put off duty on the premise of the disciplinary action thereby disciplinary authority issued memorandum of charges invoking Rule-10 of Gramin Dak Sevaks (Conduct And Engagement) Rules 2011.

(3.) During the course of enquiry, he requested the disciplinary authority to change the place of enquiry from Gabbur to Raichur on the ground that the villagers of Raghunathanahalli village were threatening him since there is property dispute between the petitioner and one Shri Patil of the village. The request was not considered by the disciplinary authority and concluded enquiry thereby held the charges against the petitioner came to be proved. Based on the findings of the enquiry, the disciplinary authority by the order dated 29.02.2012 removed the petitioner from service. Being aggrieved by the said order, the petitioner filed appeal before the appellate authority. The appellate authority rejected the appeal confirmed the order passed by the disciplinary authority. Therefore, the petitioner was constrained to approach the Central Administrative Tribunal (for short the 'Tribunal'), Bangalore, in Original Application No.7/2013. The Tribunal after hearing both the parties by the order dated 29.01.2014, allowed the application and quashed the order passed by the disciplinary authority as well as by the appellate authority remanded the matter to the concerned disciplinary authority for fresh disposal on merits in accordance with rules and regulations and in the light of the deficiencies pointed out by the Tribunal at para-10 and directed the concerned disciplinary authority to complete the enquiry within three months after receipt of the copy of the order.