UNION OF INDIA Vs. C.M. PARAMESWARAN

JUDGEMENT

(1.) The Union of India and the Postal Department are before us challenging Ext.P5 order of the Central Administrative Tribunal, Ernakulam Bench in O.A.No. 180/00352/2014 dated 29.08.2016, directing upgradation of the respondent/applicant, a retired Postman to the post of Postal Assistant with effect from the date of the appellate court order, which acquitted the respondent of all the accusations against him before the trial court. It was ordered that the upgradation of the respondent to the post of Postal Assistant as noted above, and the pay and pensionary benefits be fixed accordingly within a period of six months from the date of receipt of a copy of the order.

(2.) The facts is brief are thus: The applicant was working as Treasurer Grade II in Kunnamkulam Post Office, when he was held up for misappropriation of postal stamps worth Rs.53,040/-. Criminal complaint and disciplinary proceedings were initiated against him simultaneously. In the disciplinary proceedings, charges against him were held to be proved, and he was reverted to the cadre of Postman, vide order dated 21.04.1997, until the competent authority found him fit, after a period of three years from the date of the order, to the original post of Postal Assistant. Statutory appeal was rejected. He challenged the action before the Tribunal by filing O.A.No.936/1998, which was disposed directing him to file a revision. The revision too was dismissed. He again approached the Tribunal and filed O.A.No.87/2002, which too ended in dismissal. W.P.(C) No.31637/2004 was filed by him, but that too was dismissed, in the year 2008.

(3.) In the criminal proceedings, the trial court found him guilty and sentenced to undergo imprisonment for a period of two years. He challenged the conviction in Crl.A.No.261/1999. The Sessions Court allowed the appeal and acquitted him on 05.03.2001. The appellate order was challenged before the High Court in Cr.R.P.No.989/2002. In the meanwhile, the respondent retired on 31.05.2002. He was paid provisional pension. Even as per the punishment, he could have been considered for promotion as Postal Assistant with effect from April, 2000, but that was not done. The Crl.R.P. was ultimately dismissed by this Court on 01.08.2012.