R PANDIAN Vs. POSTMASTER GENERAL, UNION OF INDIA; SUPERINTENDENT OF POST OFFICES; ASSISTANT SUPERINTENDENT OF POSTS (OD); REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) Challenge in the present writ petition is to the order, dated 16.12.2014, made in O.A.No.765 of 2012, on the file of the Central Administrative Tribunal, Chennai, confirming, (i) Charge Memo No.ADA/02/2010-11, dated 30.11.2010, issued by the Assistant Superintendent of Post Offices (OD) & Adhoc Disciplinary Authority, Office of the Senior Superintendent of Post Offices, Kanchipuram Division, Kanchipuram 631 501, the 3rd respondent herein; (ii) Proceedings of the 3rd Respondent, dated 14.02.2011, removing the petitioner from service, (iii) Order of the Superintendent of Post Offices, Kanchipuram Division, Kanchipuram 631 501, the 2nd Respondent herein, in Memo No.ASP/Appeal-06/2010-11, dated 30.03.2011, confirming the order of 3rd Respondent dated 14.02.2011 and (iv) Order of the Postmaster General, Chennai, 1st Respondent herein, made in Memo No.VIG/Pet/1-1/2011/CCR, dated 30.11.2011, confirming the order of the respondents 2 and 3, dated 14.02.2011 and 30.03.2011 respectively. The writ petitioner has prayed to set aside the order above orders and consequently, sought for directions to the respondents 1 and 2, to conduct a fresh inquiry, after reinstating the petitioner in service, and to pay the enhanced compensation w.e.f. 01.11.2009 to 14.02.2011 to the petitioner.

(2.) Short facts leading to the writ petition are as follows:

(3.) After receiving the charge memo, dated 03.12.2010, the petitioner has submitted a representation, dated 13.12.2010, requesting the authorities, to excuse him for his misconduct. The Assistant Superintendent of Post Offices (OD) & Adhoc Disciplinary Authority, Office of the Senior Superintendent of Post Offices, Kanchipuram Division, Kanchipuram 631 501, the 3rd respondent herein, vide memo, dated 23.12.2010, has appointed the ASP (Head Quarters), Kanchipuram Division, as the Inquiry Officer and the Inspector Posts (IP), Tiruttani West Sub Division, as the Presenting Officer. The Inquiry Officer has conducted a preliminary hearing on 07.01.2011, in which, the petitioner has admitted the charges and pleaded to pardon him. In view of the admission, by observing that further inquiry was not necessary, the Inquiry Officer has concluded the inquiry, with the preliminary hearing and submitted his report, dated 10.01.2011, holding that the charges framed against the petitioner, as proved. A copy of the report of the Inquiry Officer, dated 10.01.2011, was sent to the petitioner, on 20.01.2011 by the 3rd Respondent, with directions to submit his written representation, if any. In response to the same,the petitioner has submitted his representation, dated 27.02.2011, admitting both the Articles of charge and pleaded guilty. The Ad hoc Disciplinary Authority (DA), vide memo, dated 14.02.2011, imposed a penalty of removal from service.