UNION OF INDIA & ANR Vs. KAMLA DEVI

JUDGEMENT

(1.) Present writ petition has been filed by the petitioners under Article 226 of the Constitution of India challenging the order dated 23rd August, 2013 passed by the Central Administrative Tribunal (hereinafter referred to as 'the Tribunal') by which OA No.3765/2011 filed by the respondent herein was allowed.

(2.) With the consent of the parties, we set down the writ petition for final hearing and disposal. Some necessary facts required to be noticed for disposal of the writ petition are that the respondent was working with the petitioners as 'Gramin Dak Sewak' (Branch Post Master) w.e.f. 27th March, 1991. On 19/02/2004, a charge sheet under Rule 10 of Gramin Dak Sewak (Conduct & Employment) Rules, 2001 for major penalty was issued against the respondent. Since the Articles of Charge would have some relevance in deciding the issue in hand, thus, we deem it appropriate to reproduce the same:

(3.) Since the respondent denied the Articles of Charge, an inquiry was conducted against her. The Inquiry Officer submitted his report on 27th February, 2009 in which he held that charges levelled against the respondent stood proved. A copy of the inquiry report was supplied to the respondent for submitting her representation. The respondent submitted her representation on 06.06.2009. On examining her representation, the Disciplinary Authority by an order dated 31st December, 2009, imposed a punishment of removal from service of the respondent. On 12.05.2010, the respondent preferred a revision petition against the said order which was dismissed on 17/06/2011.