UNION OF INDIA Vs. AVANINDRA KUMAR TIWARI

JUDGEMENT

(1.) Union of India through Secretary, Ministry of Communication, Director of Postal Services, Kanpur Region, Kanpur and Senior Superintendent of Post Offices, Fatehpur have jointly filed this writ petition against the order of Central Administrative Tribunal, Allahabad dated 8.8.2005 allowing Original Application No. 1536 of 2001 of respondent No. 1 and directing for his re-instatement in service after setting aside the order 26.10.1995 dismissing him from service as also the appellate and revisional orders thereof.

(2.) Respondent No. 1 was working as a Post Master at Bhurkhan Post Office, Fatehpur. A disciplinary enquiry was initiated against him and he was charge-sheeted on 29.12.1994. He submitted his reply on 1.3.1995 and the enquiry report was filed on 18.9.1995. The disciplinary authority issued a show-cause notice dated 22.9.1998 enclosing the enquiry report. Respondent No. 1 denied receiving the show-cause notice. However, an order of dismissal from service was passed against him on 26.10.1995. Against the said order he preferred a departmental appeal which was dismissed on 3.11.1999 and revision thereto also came to be dismissed on 8.2.2001.

(3.) On the same allegations/charges respondent No. 1 was also prosecuted under Sections 419/420/467/468 and 318 Indian Penal Code in case crime No. 12 of 1995 registered as Crime Case No. 2187 of 1995, State v. Avnindra Kumar. The said trial ended into his acquittal vide judgment and order dated 12.5.1999. It is said that the said acquittal became final and conclusive.