RAM BIHARI SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenging the order dated 25-06-2004, passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur, in O.A. No. 449/2001, the petitioner has filed this writ petition. By the aforesaid order on imposition of penalty of Censure on the petitioner, who was Extra Departmental Mail Career/Delivery Agent in the department of Communication and Postal, when only 25% of the pay and allowances is granted to him in accordance to Rule 9(3) of the Posts and Telegraphs Extra-Departmental Agents (Conduct and Services) Rules, 1964, this writ petition has been filed, claiming full pay and allowances for the period when the employee namely the petitioner was kept on 'put off' duty and when he was prevented for duty.

(2.) The petitioner was engaged as Extra Departmental Mail Carrier/Delivery Agent. He was proceeded against a departmental inquiry on certain allegation of commission and omission indicated in the charge sheet issued to him. Even though the Inquiry Officer had exonerated him but the Disciplinary Authority disagreeing with the finding of the Inquiry Officer ordered to keep the petitioner on 'put off' duty. He filed an appeal and on appeal being filed, the Appellate Authority accepted the finding of the Disciplinary Authority but interfered with the quantum of punishment and directed for reinstatement, imposed the punishment of "Censure" and to pay him 25% pay and allowances during the period when he was put off duty.

(3.) Now claiming full salary and allowance for the period the applicant was kept on 'put off' duty, an application was filed before the Central Administrative Tribunal, Bench at Jabalpur and the same having been dismissed, this writ petition has been filed.