LAWS(PAT)-2023-1-24

BIJENDRA KUMAR Vs. UNION OF INDIA

Decided On January 16, 2023
BIJENDRA KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Pursuant to the earlier order Mr. Mahesh Pd. Deo, SPOs, Madhubani and Mr. Ranjay Kumar Singh, Assistant Director, (Establishment and Legal) O/o The Chief Postmaster General, Bihar Circle, Patna are present in the Court.

(2.) In the instant petition the petitioner has assailed the order of the Central Administrative Tribunal, Patna Bench Patna (in short CAT) dtd. 20/7/2017 passed in O.A. No. 050/00840/2014 (Annexure 15).

(3.) Brief facts of the case are that the petitioner, while working as Gramin Dak Sevak (for short "GDS") was charge-sheeted in a departmental enquiry on 2/2/2007. Enquiring Authority has opined that charges levelled against the petitioner were not proved. On receipt of Enquiring Officer's report, the Disciplinary Authority disagreed with the Enquiring Officer's report and proceeded to issue a show-cause notice asking the petitioner's explanation. The petitioner submitted his explanation but it was not to the satisfaction of the Disciplinary Authority. Thereafter, the Disciplinary Authority proceeded to impose the penalty of removal from service on 14/5/2009 on the petitioner. It was the subject matter of appeal and it was rejected on 19/8/2010. He has invoked remedy under Sec. 19 of the Central Administrative Tribunal Act, 1985 by filing OA No. 185 of 2010. It was disposed of while directing the petitioner to file a revision. The petitioner had filed a revision and it was rejected on 31/1/2012. The petitioner is stated to have filed one more O.A. No. 262 of 2012 dtd. 30/5/2014 and it was decided on 30/5/2014 in which the matter was remanded to the Reviewing Authority. Accordingly, the Reviewing Authority proceeded to pass order on 15/9/2014 in rejecting the petitioner's claim. Still aggrieved by the decision of the respondent, petitioner invoked remedy before the CAT in filing OA No. 050/00840/2014 and it was decided on 20/7/2017 against the petitioner. Hence the present petition.