KALIPRASAD GHOSAL Vs. UNION OF INDIA

JUDGEMENT

(1.) An order of removal of the petitioner from service issued by the disciplinary authority on 17th May, 2005 was under challenge before the Central Administrative Tribunal (hereinafter Tribunal) in O.A No.971 of 2005. The said original application having been dismissed by the Tribunal by its judgment and order dated 16th September, 2009, the petitioner has invoked the writ jurisdiction of this Court by filing this application under Article 226 of the Constitution of India.

(2.) The petitioner was appointed as an Extra Departmental Branch Post Master (EDBPM) on compassionate ground on 25th June, 1994. At the material point of time, he was posted as EDBPM at Khatul Post Office in the District of Hooghly. During his tenure of service, a departmental enquiry was conducted for alleged defalcation and misappropriation of money by him. On the basis of an enquiry report dated 19th April, 2005, he was placed in put off duty. The petitioner was asked to submit his representation against the enquiry report and on receipt of his representation, the Disciplinary Authority by the order dated 17th May, 2005 removed the petitioner from service.

(3.) We have heard Mr. Monoranjan Jana, learned Advocate for the petitioner and Mr. Partha Sarathi Biswas, learned Advocate for the respondents.