UNION OF INDIA Vs. DAL CHAND BALAI

JUDGEMENT

(1.) The petitioners have preferred this writ petition against the order dated December 15, 2010 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur in Original Application No.83/2008, whereby the original application filed by the applicant/respondent has been allowed.

(2.) Brief facts of the case, as noticed by this Court, are that the applicant/respondent was working as Gram Dak Sevak Branch Post Master at Dariba Post Office, since his appointment on January 28, 1997. The applicant/respondent was issued a charge sheet on June 08, 2004 for retaining certain cash in the post office beyond the payable liability on several dates and shortage of certain cash balance at the time of physical verification by the authority concerned. The disciplinary proceedings were conducted against the applicant/respondent and after perusing the enquiry report, a punishment debarring the applicant from appearing in the departmental examination of Postman and Postal Assistant for a period of three years was imposed upon the applicant vide order dated March 31, 2005. However, on November 05, 2007, the Revisionary Authority issued a show cause notice to the applicant and sought to enhance the penalty awarded to the applicant/respondent. After such notice, the Revisionary Authority enhanced the punishment to dismissal from service with immediate effect.

(3.) Learned counsel for the applicant/respondent relied upon the judgment rendered by the Rajasthan High Court at Jodhpur in D.B. Civil Writ Petition No.1476/2001 (Bhagwan Singh v. Union of India & Ors. decided on March 05, 2010). He has also relied upon the judgments reported as (1998) 7 SCC 84, Punjab National Bank & Ors. v. Kunj Behari Misra and (1999) 7 SCC 739, Yoginath D. Bogde v. State of Maharashtra & Anr.).