KRISHAN CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition filed under Articles 226 / 227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari, thereby quashing the order dated February 10, 2000 (Annexure P-10) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal') whereby Original Application No. 340-HR/91 filed by the petitioner was dismissed affirming the order dated July 19, 1990 (Annexure P-7) passed by the Senior Superintendent of Post Office, Karnal Division, Karnal (respondent No. 3) removing the petitioner from service with immediate effect and the order dated October 30, 1990 (Annexure P-9) passed by the Postmaster General, Haryana Circle, Ambala (respondent No. 2) dismissing the appeal of the petitioner against the order dated July 19, 1990 (Annexure P-7).

(2.) The petitioner was appointed as Extra Departmental Runner/Packer at Shamlo Kalan Post Office, where his duty, besides the normal duties of Packer, was to exchange the closed mail bags with D-4 Section of Railway Mail Services (R.M.S). While working as such, on May 02, 1980, at about 2.40 P.M, he received three bags including one despatched by Jind Head Post Office for Shamlo Kalan Post Office, from R.M.S Section at Jai Jaiwanti Railway Station, which he brought to Shamlo Kalan Post Office at about 4.30 P.M on the same date i.e May 02, 1980. The mail bag despatched by Jind Head Post Office was containing cash of Rs. 4,000/- which was remitted to Shamlo Kalan Post Office by Jind Head Post Office, duly enclosed in a sealed leather cash bag kept in a sealed account bag. The petitioner opened all the mail bags and placed their contents before the Sub Postmaster, Shamlo Kalan Post Office. However, the account bag was not found from the mail bag. The Sub Postmaster, Shamlo Kalan, contacted the concerned official of Jind Head Post Office on phone to ascertain the fate of the account bag in question. He was informed that the account bag was duly despatched to his office by Jind Head Post Office through the mail bag on May 02, 1980, and that it was containing cash remittance of Rs. 4,000/- and one unpaid article for Rs. 1.10 P. Consequently, the Sub Postmaster, Shamlo Kalan Post Office, issued urgent telegrams on May 02, 1980 to the Senior Superintendent of Post Offices, Rohtak and Inspector Post Offices, East Sub Division, Jind, informing them about the non-receipt of the account bag and requesting necessary investigation into the matter.

(3.) Mr. K.L. Pasrija, who was Inspector of Post Offices, East Sub Division, Jind, at that time, started necessary investigation on May 03, 1980 in this regard. During investigation, the petitioner, in the first instance, showed his ignorance about receipt of the account bag from the mail bag. However, immediately thereafter, the petitioner made a statement on March 03, 1980 before Mr. K.L. Pasrija and Mr. Mahabir Singh, Sub Postmaster, Shamlo Kalan Post Office, admitting his guilt of taking out on May 02, 1980, the account bag containing cash remittance of Rs. 4,000/- from the mail bag. On May 13, 1980, the petitioner again confessed his guilt of taking away the account bag in his statement recorded before the Senior Superintendent of Post Offices, Rohtak.