UNION OF INDIA Vs. BHIM LAL SAHU

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the sole respondent.

(2.) The petitioner, Union of India through the Chief Post Master General, Jharkhand Circle, Ranchi, is aggrieved by the order dated 26th May 2015, passed by the Central Administrative Tribunal, Circuit Bench at Ranchi, in O.A. No. 28 of 2013(R), whereby, the O.A, filed by the sole respondent, who is a retired Sub-Postmaster, was allowed by the Central Administrative Tribunal, quashing the Memo of charges dated 30.1.2008 served upon the sole respondent and dropping the departmental proceeding against him. The petitioner Union of India was also directed to make the payment of entire retiral dues of the applicant, i.e., the sole respondent herein, along with all consequential benefits with statutory interest @ 8% within a period of three months from the date of receipt/communication of the copy of the order. Against the said order, the Union of India also filed a review petition before the Central Administrative Tribunal, Circuit Bench, Ranchi, being R.A./051/00005/2015, which was also dismissed by the order dated 17.12015.

(3.) The facts of this case, as revealed from the order dated 26th May 2005, passed in O.A. No. 28 of 2013(R), lie in a short compass. The sole respondent at the relevant time, was working as Sub-Post-master at Telaiyadam S.O. On 21.11.2003 he was served with a letter dated 21.11.2003, whereby, he was required to meet the Director of Postal Services at Divisional Office on 22.11.2003, but the sole respondent was not allowed to meet the Director of Postal Services and he was handed over to the police custody of Town P.S., Hazaribagh, without assigning any reason. The police took the sole respondent in custody and the FIR was lodged by the Sub-Divisional Inspector (Posts) North Sub-Division, Hazaribagh, on 22.11.2003 at Domchanh, O.P., which was registered as P.S. Case No.409 of 2003 dated 24.11.2003, according to which there was allegation against the sole respondent that he sanctioned the final closure of 16 TD Accounts opened at Taranakha B.O., without obtaining the respective pass books on the basis of the withdrawals allegedly received by hand through BPM. Since the sole respondent was taken into custody on 22.11.2003, he was put under suspension w.e.f. 22.11.200 Though he was released from custody on 22.9.2004, but he remained under suspension for a period of about 1 years, which was revoked by order dated 18.1.2006 and he was again posted as Postal Assistant, Ramgarh Cantt., Head Post Office, where he served till his retirement on 31.1.2008.