UNION OF INDIA Vs. AMIT KUMAR MISHRA

JUDGEMENT

(1.) Heard learned counsel for the respective parties.

(2.) The present writ petition has been filed by the Union of India / Senior Superintendent of Post Offices, Varanasi, assailing the order dtd. 1/8/2022, whereby, the suspension / put off duty of the respondent-original applicant, has been set aside. Aggrieved petitioners filed a review petition, which came to be dismissed by order dtd. 21/9/2022.

(3.) The learned counsel appearing for the petitioners has raised a short question that the Tribunal instead of directly setting aside the order of suspension / put off duty, should have remanded the matter to the authority to review the put off duty as the allegations against the respondent-original applicant was serious pertaining fraud and embezzlement of money of the depositors. In other words, it was not open to the Tribunal to have substituted itself for the competent authority.