T. JAYANT Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Shri T. Jayant, the petitioner joined the Postal Department as a Clerk on 6tn Oct., 1943. He was duly consumed in that post, and promoted to the post of Lower Selection Grace in 1967. He was the Circle Secretary of the All India Postal Employees' Union - Class III, Andhra Circle Branch from 1958 as a whole-time on deputation from the Department. In his capacity as the Circle Secretary of the Union he functioned as Editor and Publisher of the "Andhra-post" the monthly journal of the Circle Union. On the ground that he has published certain material in that Journal about the then Superintendent of Post Officer, Kurnool, that Superintendent filed a Criminal Case against him and he was convicted under sections 500 and 501 of the Indian Penal Code and sentenced to pay a fine of Rs. 600 on 24th Aug., 1967 by the Principal District Munsif Magistrate, Kurnool in C.C. No 28/195/ Questioning his conviction he filed a Criminal Appeal No. 82/1967 out it was dismissed by the Additional Sessions Judge, Kurnool.

(2.) Thereupon the then Superintendent of Post Offices Hyderabad Division (5th respondent) under whom the petitioner was working as Deputy Sub Post - master placed him under suspension on 25th Sept., 1968 pending disciplinary action against him. On 26th Oct. 1968 the Director of Postal Services (4th respondent) dismissed the petitioner from service with immediate effect stating that it was considered that the conduct of the petitioner, which has led to his conviction was such as to reader his further retention in public service undesirable. Aggrieved by that order the petitioner filed an appeal before the Postmaster General, Andhra Circle, Hyderabad (3rd respondent). Thereafter the 3rd respondent by his order dated 1st Feb., 1969 modified the penalty of dismissal from service to one of compulsory retirement from service keeping in view the petitioner's long service and on compassionate grounds. Then the petitioner submitted a Review Petition on 24th July, 1969 to the Posts and Telegraphs Board New Delhi (2nd respondent) The 3rd respondent by his letter dated 31st Oct., 1969 informed the petitioner that the 2nd respondent had rejected his petition Thereupon on 29th Dec., 1969 the petitioner made a "representation to the 2nd respondent to furnish him with a copy of the order so that he might present a petition to the President of India. But the 3rd respondent informed him on 29th Dec., 1969 that since his petition was rejected by the Posts and Telegraphs Board the question of furnishing the original order of the Board does not arise. On 2nd Jan., 1970 the petitioner made a representation to the 3rd respondent 'requesting him to forward his representation dated 20th Dec., 1969 to the 2nd respondent for favour of his consideration and to furnish him with a copy of his orders so as to enable him to make a representation to the President of India. But there was no reply to it. The petitioner states that, thereafter, on the advice of the National Federation of P. & T. Employees, New Delhi, he submitted a fresh petition dated 10th Jan., 1971 to the 2nd respondent praying for his reinstatement In service in place of compulsory retirement It is stated that the National Federation of P. & T. Employees, New Delhi also submitted a Memorandum to the Honourable Minister for Communications through Sri K.P.S Menon, Member of Parliament (Rajya Sabha) for favour of consideration. The Honourable Minister was pleased to inform Sri K.P.S. Menon by his letter dated 30th Jan., 1971 that the matter was being looked into. No final orders were passed by the Honourable Minister on his petition. Thereafter the petitioner kept quiet for six years. He says that he was once again advised 'by the National Federation of P. & T. Employees, New Delhi in April, 1977 to submit another Review Petition to the Honourable Minister for Communications. Accordingly he submitted another Review Petition dated 20th May, 1977 to the Honourable Minister for Communications, praying for his reinstatement in service. On 2nd Aug., 1977 the petitioner was informed by the Senior Superintendent of Post Offices Hyderabad Division (5th respondent) that it was proposed to re-employ him as Time Scale Clerk and he was directed to submit the attestation forms duly filled for taking further action. By another letter dated 2nd Sept., 1977 he was directed to furnish Health Certificate. Thereupon he submitted another Review Petition dated 7th Oct., 1977 to the Honourable Minister for Communications. New Delhi for consideration of his case for reinstatement in service in place of re-employment. The 3rd respondent by his letter dated 20tb Feb., 1978 informed biro that his Review Petition for reinstatement was rejected by the Ministry of Communications, lit respondent. On 21st Sept., 1978 he received re-employment order from the 5th respondent. Thereafter he has filed this Writ Petition on 22nd Sept., 1978, questioning the order of his dismissal dated 26th Oct., 1968, which was consequently modified into one of compulsory retirement dated 1st Feb., 1969 by the 3rd respondent and which was confirmed by respondents 2 and 1.

(3.) It was submitted by the petitioner that the order of dismissal dated 26th Oct., 1968 is invalid for no notice was given to him before passing that order and it is violative of Art. 311 (2) (a) of the Constitution of India and Rules 14, 19 (1) read with 27 (2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 hereinafter referred to as the CCS (CCA) Rules.