M AMIRTHALINGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) CHALLENGING the order dated 10.6.2009, wherein the Central Administrative Tribunal, dismissed the claim made by the petitioner to reimburse the amount recovered from him relating to the penalty of reduction of pay by one stage for a period of three years without cumulative effect imposed on him, the present writ petition is filed.

(2.) IT is the case of the petitioner, who was working as a Postal Assistant at Kallakurichi, that he was issued with a charge memo dated 14.07.2004 under Rule 16 of the CCS (CCA) Rules 1965 and though he submitted a detailed explanation, the third respondent passed an order of punishment imposing reduction of pay by three stages for a period of three years vide order dated 03.08.2004, against which, an appeal was filed before the second respondent, who set aside the order of punishment and remitted the matter back to the third respondent for passing orders afresh. IT is stated that thereafter, the third respondent, by order dated 22.06.2006, modified the order of punishment and reduced the pay scale of the cumulative effect, against which, the petitioner preferred an appeal before the second respondent, who confirmed the said order. Aggrieved by the same, the petitioner filed an appeal before the first respondent and the same was rejected as per order dated 23.07.2007. Hence, the petitioner filed O.A.No.848 of 2007 before the Central Administrative Tribunal. The Tribunal, on consideration of the facts and circumstances of the case, dismissed the original application. Hence, the petitioner is constrained to filed the present writ petition with the aforesaid prayer.

(3.) ON going through the entire materials placed on record, it is seen that on the same set of charges leveled against both the petitioner and one Tamilmani, who was acted as an Officiating Postmaster, Kallalurichi, the Appellate Authority has modified the punishment from reduction of pay by two stages from the pay of Rs.6000/- to 6500/- for a period of two years to that of reduction of pay by one stage from Rs.6800/- to 6650/- in the time scale of pay of Rs.5000-150-8000 for a period of three months.