K DURAISAMY Vs. CHIEF POSTMASTER GENERAL

JUDGEMENT

(1.) HEARD Mr. Ramaswamy Rajarajan learned counsel for the petitioner and Mr.Muralidharan, learned Senior Central Government Standing Counsel for the respondents.

(2.) THE order of punishment imposed on the present petitioner and confirmed by the appellate authority was challenged by the present petitioner by filing O.A.No.497 of 2004. In such O.A., mainly two contentions were raised by the petitioner. Firstly, it was contended that no opportunity of hearing was afforded by the appellate authority before rejecting the appeal. THE other contention was to the effect that two punishments combining major and minor penalty had been imposed by the disciplinary authority which is not contemplated in the rules. THE Tribunal, however, rejected the aforesaid contentions and dismissed the O.A.

(3.) RULE 27 of CCS (CCA RULEs), 1965 does not preclude the grant of personal hearing in suitable cases by the appellate authority. In the present case, when the petitioner requested for personal hearing, the appellate authority has simply rejected such request by observing that opportunity of personal hearing had been afforded at the time of original proceedings and therefore, there was no necessity of affording any further opportunity by the appellate authority. We do not think that the aforesaid approach by the appellate authority was justified. Since the rules did not specifically exclude the principles of natural justice as far as possible, the authorities vested with the quasi-judicial power should take action consistent with the principles of natural justice and fair play including personal hearing.