MALDEVBHAI G. ODEDARA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant was serving as a Branch Postmaster since 1982. He has presented the instant O.A. seeking a declaration that inquiry proceeding conducted against him was in violation of breach of natural justice and fair play and as a consequence of the same seeks a writ of certiorari for quashing the punishment order dated 15/24 -10 -2007 (Annexure A/8) passed by the Disciplinary Authority and the order passed by the Appellate Authority dated 16 -10 -2008 (Annexure -A).

(2.) THE brief facts as stated by the applicant in this O.A. are that he was appointed as a Branch Postmaster at Village Mitrada in the year 1992 and he was serving with all devotion to duty and to the satisfaction of his superiors. While he was working as a Branch Postmaster, he was served with the memorandum of charges dated 30 -8 -2001. The charges levelled against the applicant in the said memorandum of charges dated 30 -8 -2001 are as under :

(3.) APPLICANT submits that the orders passed by the Disciplinary Authority and Appellate Authority dated 15/24 -10 -2007 and 06 -10 -2008 respectively at Annexure A/8 and Annexure A suffer from various legal infirmities. He contends that the findings arrived by the Inquiry Officer that the charges levelled against him are proved is baseless. There is no reliable evidence to substantiate the charges levelled against the applicant. He further contends that in view of the fact that certain material witnesses were not examined, the Inquiry Officer ought to have drawn adverse inference against department and as a consequence of the same it should have been held that the charges are not proved.