(1.) This Writ Petition has been filed against the Judgment and order of the Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter called the 'Tribunal') dated 1.1.2002 ((Annexure -5) rejecting the O.A. No. 329 of 1997 filed by the Petitioner for quashing the departmental proceedings.
(2.) THE facts and circumstances giving rise to this case are that the Petitioner was appointed as Extra Departmental Branch Post Master at Gunupur Branch Post Office, Gunupur in the year 1958. In the year 1965 he was put under suspension due to institution of criminal proceedings against him, but he was acquitted of all the charges. Thereafter in 1975 he demanded for his reinstatement in service. But his demand was turned down by the Department as Departmental Proceedings were initiated on the charges of misappropriation. On conclusion of the proceedings Petitioner was dismissed from service. Against that order, the Petitione preferred a Writ Petition bearing No. OJC No. 1082 of 1977 before this Court and vide Judgment and Order Dated 18.3.1982, this Court allowed the Writ Petition and quashed the order of dismissal on the ground that Rule -8 of Extra Departmental Agents (Conduct and Service) Rules, 1964 under which the proceedings had been conducted had been held to be ultra vires of Article 311(2) of the Constitution of India. Thereafter the Petitioner was reinstated in service. Again on 7.3.1987, Petitioner was put under suspension on the charges of mis -appropriation. On 22.4.1997, the Petitioner was served with a letter to attend the enquiry on 28.4.19997, but he did not attend the enquiry. Another letter was sent to the Petitioner on 16.5.1997 to attend the enquiry on 30.5.1997, but he did not attend the enquiry. Against the order of suspension, the Petitioner preferred O.A. No. 329 of 1997 and the Tribunal passed an interim order to the effect that Departmental Proceeding may continue, but no final order would be passed without leave of the Tribunal. The Tribunal vide Judgment and Order Dated 1.1.2002 dismissed the said application rejecting the prayer of the Petitioner to quash the Departmental Proceedings initiated against him and directed the Respondents to complete the enquiry within a period of 90 days from the date of receipt of copy of the order, if not already completed. Hence this petition.
(3.) ON the other hand, Miss. S. Mohanty, Learned Counsel for the Department has vehemently opposed the petition contending that the Petitioner has a very bad service record. At initial stage of his service he faced criminal proceedings, but he was acquitted of the charges by the criminal Court. In the Departmental Proceedings, he faced the charges of misappropriation and embezzlement and as the same stood proved, punishment of dismissal was awarded. However, Petitioner succeeded on technical ground that the Rule under which the enquiry had been initiated and concluded, stood declared ultra vires and unconstitutional by the court and thus, the order of his dismissal was set aside vide Judgment and Order Dated 18.3.1982 in O.J.C. No. 1082 of 1977 by this Court.
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