UNION OF INDIA Vs. M KANDASAMY

JUDGEMENT

(1.) HEARD Mr. A.P. Balasubramanian for the petitioners and Mr.C.K.M.Appaji for the first respondent.

(2.) THE present respondent No.1 was the Gramin Dak Sevak (Mail Deliverer) under the present petitioners. An order of suspension namely "put off duty", was passed on 22.9.2004. It was indicated in such order that he will get ex gratia compensation equal to 25% of his TRCA together with admissible DA in accordance with Rule 12(3) of the Department of Posts GDS (Conduct and Employment) Rules 2001. Subsequently, even before the initiation of formal disciplinary proceeding by framing a charge, the suspension order was revoked by order dated 31.8.2005. THEreafter, the present respondent No.1 filed O.A.No,333 of 2007 for issuing a direction to the present petitioners to regularize the period of put off duty from 22.9.2004 to 31.8.2005. In such Original Application, the present petitioners took a stand that the departmental proceeding was contemplated, and the matter was under preliminary investigation, and therefore, the question of regularization of the period would be considered only after the departmental proceeding.

(3.) LEARNED Counsel for the first respondent on the other hand submitted that at the time when suspension order was passed, the departmental proceeding had not been actually initiated, and charge memo had not been issued, and therefore, the Tribunal was justified in passing the order.