UNION OF INDIA Vs. GIRIJA SHANKAR PATHAK

JUDGEMENT

(1.) Union of India has filed this writ petition challenging the judgment and order dtd. 26/3/2019, passed by Central Administrative Tribunal, Allahabad (Circuit Bench at Nainital) in Original Application No. 331/1281/2018. By the said judgment, the order of termination dtd. 21/2/2017, passed by Inspector Posts, Berinag against the respondent, was set aside and postal authorities were directed to reinstate the respondent on his post with all consequential benefits. Operative portion of the impugned judgment is reproduced below:

(2.) The facts on which there is no dispute are that the respondent was regularly appointed as Gramin Dak Sewak (Male Deliverer) vide order dtd. 5/3/2014. His services, however, were terminated vide order dtd. 21/2/2017, without assigning any reason, by invoking Rule 8(1) and (2) of the GDS (Conduct and Engagement) Rules, 2011. Respondent challenged his termination by filing an Original Application, which has been allowed by the Central Administrative Tribunal vide judgment and order dtd. 26/3/2019, which is impugned in the present writ petition.

(3.) Respondent contended before the Tribunal that no notice or any opportunity of hearing was given to him before terminating his services; the termination order was passed on 21/2/2017, in which, although, the expression 'notice' is used, however, it became effective against the respondent from the date of passing the said order, which fact reveals that no time was given to the respondent to respond to the notice. Rule 8(2) of the service rules for Gramin Dak Sewaks provides that period of notice given to a Dak Sewak while terminating his services shall be one month.