RAJNI KANT THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred this writ petition, challenging the order dated 14.2.2013 passed in O.A No.218/2011(R) by the Central Administrative Tribunal, Circuit Bench, Ranchi, dismissing the said Original Application of the petitioner.

(2.) The petitioner was initially appointed on 21.9.1971 as Branch Post Master at Chanda Block. On the complaint of one Shri Pradip Kumar Singh, resident of village and post Chanda, District Godda, the petitioner was placed on put-off duty on 7.11.1988 due to involvement of the petitioner in a complaint of alleged fraudulent payment of Money Order of Bara Bazar Post Office M.O No.9224 dated 16.6.1988 for Rs.50/-. In the course of investigation of the petitioner s past work, more cases of similar nature were noticed. The petitioner was proceeded against under Rule 8 of P & T EDAs (Conduct & Service) Rules, 1964, vide the Supdt. Of Post Offices Bhagalpur Division Bhagalpur Memo No.F-3/3/88-89 dated 22.11.1988 with allegation of alleged misappropriation of 10 Money Orders for Rs.2900/- (Two thousand and nine hundred only) and alleged non-delivery of one Registered Letter to the addressee. On conclusion of enquiry, the petitioner was awarded with punishment of dismissal from service, vide order dated 30.4.1991. The petitioner thereafter preferred an appeal before the Director, Postal Services, who ultimately rejected the appeal, vide order dated 28.8.1993. Thereafter, the petitioner filed revision application before the Chief Postmaster General, Bihar Circle, Patna, who also rejected the same, vide order dated 3.7.1995. The petitioner then approached the CAT, Patna Bench, vide O.A No.526/1996, who, by its order dated 22.3.2001, dismissed the prayer of the petitioner. Thereafter, the petitioner filed a writ petition in this Court, W.P (S) No.4433/2002 and this Court, vide order dated 14.10.2003, dismissed the writ petition.

(3.) Being aggrieved by the order of dismissal of the writ petition, the petitioner moved Hon ble Supreme Court in Civil Appeal No.1998/2006 and the Hon ble Supreme Court, vide order dated 10.4.2006, disposed of the Civil Appeal, setting aside the order of the High Court and quashing the order of dismissal giving liberty to the authorities to conduct a fresh inquiry. There was a specific direction that the proceedings should be commenced within four months from the date of the order and must be completed as early as possible preferably within a period of three months. While disposing of the appeal, Hon ble Supreme Court observed that the petitioner was not given opportunity to cross-examine the witnesses, nor had any opportunity of representing his case before the Enquiry Officer been given and therefore, it cannot be said that the enquiry proceeding was held in accordance with the principles of natural justice.