K. SARADAMMA, BRANCH POST MASTER (ED) Vs. THE DIRECTOR OF POSTAL SERVICES, KERALA CIRCLE (SOUTH ZONE), AND ANOTHER

JUDGEMENT

(1.) The petitioner was a Branch Post Master (Extra Departmental Post Master) at Chelikuzhi Branch Post Office, Pattazhi, Quilon. She has filed this petition for quashing Fxts. P 1, P 3 and P 4 orders Ext. P 1 is the order dated 31-12-1975 issued by the second respondent, the Superintendent of Post Offices, Quilon informing the petitioner that she was put off duty under the provisions of Rule 9 of the Post and Telegraph Extra Departmental Agents (Conduct and Service) Rules, 1964. Ext. P 3 is proceedings dated 31-1-1977 of the second respondent ordering that the petitioner was to be removed from service with immediate effect. Ext. P 4 is the order dated 18-6-1977 passed by the first respondent, Director of Postal Services (S) Trivandrum.

(2.) The counsel for the petitioner submitted that as has already been held by the Supreme Court in Supdt. Post Offices Vs. P K. Rajamma (A.I.R. 1977 SC 1677) the Extra Departmental Personnel hold civil posts and as such the provisions of Art. 311 (2) of the Constitution are attracted to cases of disciplinary action against them. The submission of the counsel is that it is without holding an enquiry and giving an opportunity to show cause why the proposed punishment should not be inflicted on her that the orders have been issued by the second respondent, and the first respondent has confirmed the orders removing her from service on appeal without considering the merits of the case properly.

(3.) The Central Government Pleader while maintaining that it is open to the department to terminate the service in accordance with the rules governing their service also contended that there was inordinate delay in filing the writ petition and also that the writ petitioner did not ask for an opportunity for showing cause why the action proposed should not be taken against her.