LAWS(ALL)-2012-3-260

SHAHZADEY KHAN Vs. UNION OF INDIA

Decided On March 29, 2012
Shahzadey Khan Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This writ petition has been filed for quashing of the order dated 24.11.2000 as well as the order dated 16.4.2001 ( Annnexures-9A and 9B to the writ petition) passed by the Superintendent of Post Office, Budaun Mandal, Budaun and Director Postal Services, Bareilly Region, Bareilly respectively. The petitioner has also prayed for quashing of the orders and judgments dated 7.12.2006 and dated 26.3.2007 ( Annexures-9C and 9D to the writ petition) passed by the Central Administrative Tribunal Allahabad Bench, Allahabad ( hereinafter referred to as the 'CAT') in Original Application No. 637 of 2001, Shahzadey Khan versus The Union of India and another and in Review Application No. 7 of 2007 for review of the judgment and order dated 7.12.2006 aforesaid. He has also prayed that a direction may be issued to the respondents to reinstate him in service with all consequential benefits from the date of his removal from service.

(3.) Brief facts of the case are that the petitioner was appointed as Branch Post Master at Garhi Bichola Post Office on 7.4.1993. He had received money order no. 3671/43 dated 28.11.1998 for Rs. 1500/- payable to Sri Chunni son of Sri Thakuri village Saifullaganj Post Office Garhi Bichola, Budaun duly entered in Bo Slip dated 8.12.98 from Islamnagar SO alongwith cash for effecting the payment to the payee but the said Shahzadey Khan did not give written information to the payee through EDDA and himself made the forged payment of said money order whereas the payee of the said money order had already expired three years back from the date of forged payment of money order. The petitioner was proceeded against under Rule 8 of GDS (Conduct and Service) Rules, 1964. Thereupon, the Superintendent of Post Offices Budaun vide his order dated 29.6.2000 appointed one Sri B.P. Singh, Sub-Divisional Inspector of Post Offices, Budaun as Inquiry Officer. After conducting enquiry, report was submitted by him to the Superintendent of Post Offices, Budaun who vide his order dated 24.11.2000 imposed punishment upon the petitioner by debarring his promotion for three years.