UNION OF INDIA Vs. BAHADUR SINGH

JUDGEMENT

(1.) THIS petition seeks the quashing of the order dated 9 February 2012 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad1 by which Original Application No.1347 of 2011 filed by respondent no.1 -Bahadur Singh has been allowed and the order dated 10 October 2011 passed by the Chief Post Master General as also the subsequent proceedings have been quashed with a direction to the respondents to conduct a fresh enquiry within some stipulated period.

(2.) IT transpires from the records that Bahadur Singh was appointed as a Postal Assistant. Certain complaints were received from Central Bureau of Investigation regarding appointments made in the Postal Department on the basis of forged educational mark -sheets and certificates. Bahadur Singh was considered to be one such person and after an investigation, a First Information Report was lodged against him. He was subsequently arrested and suspended. Thereafter, a charge sheet dated 20 February 2008 was served on Bahadur Singh. A representation dated 6 February 2010 was filed by Bahadur Singh for change of the Enquiry Officer. After filing of the said representation dated 6 February 2010, Bahadur Singh filed Original Application No.1153 of 2010 before the Tribunal for appointing another Enquiry Officer with proper opportunity to him for presenting witnesses and for providing the documents. This application was disposed of by the Tribunal by order dated 9 September 2010 with a direction to the Senior Superintendent of Post Office to decide the representation within one month with a further reasonable time to him to file an appeal in case an order adverse to him was passed but till then the Enquiry Officer was directed not to proceed with the enquiry.

(3.) THE representation filed by Bahadur Singh was rejected by order dated 1 October 2010. Feeling aggrieved, Bahadur Singh filed an appeal before the Director, Postal Services, Bareilly Region, Bareilly which was rejected by the order dated 19 January 2011. This order dated 19 January 2011 was assailed by Bahadur Singh by filing Original Application No.367 of 2011. This Original Application is said to be pending.