ORDER :

1. The instant writ petition has been filed by the petitioner, impugning the order dated 05.03.2021 passed by the Central Administrative Tribunal, Jodhpur Bench (hereinafter for short ‘the CAT’) whereby the Original Application No. 290/00066/2020 filed by the petitioner has been dismissed as not maintainable for want of jurisdiction before the Jodhpur Bench and the CAT has opined that the OA was not amenable in territorial jurisdiction of the Jodhpur Bench and the better place of redressal for grievance of petitioner is before the Kolkata Bench.

2. The relevant facts of the case pertaining to the issue of territorial jurisdiction of the CAT are that the petitioner was transferred from post of SPO Jhunjhunu Division to the post of Assistant Director of Postal Services at Jodhpur vide order dated 09.04.2012 (Annx. 1) the petitioner joined and assumed the charge of Assistant Director of Postal Services at Jodhpur w.e.f. 10.04.2012. Petitioner submits that while he was posted at Jodhpur, he was placed under suspension under rule 10 of CCS (CCA) Rules, 1965 w.e.f. 11.04.2012 vide order dated 10.04.2012 for the reason a criminal offence was under investigation. The petitioner was implicated in a criminal case before the court SPE/CBI Jaipur, alleging commission of offence under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act 1988 i.e. demanding and receiving bribe.

3. Petitioner submits that while he was posted at Jodhpur, charge-sheet dated 02.06.2014 (Annx. A/1 with OA) was served upon him under rule 14 of CCS (CCA) Rules, 1965.

4. After being served with the charge memo, the petitioner filed first OA No. 290/00315/2015 before the CAT at Jodhpur and initially interim order dated 02.09.2015 was passed therein and finally the OA was decided vide order dated 19.01.2017, holding that till the petitioner discloses his defence in support of Article-1 before the criminal court, the respondents are restrained from proceeding further in the departmental proceedings.

5. Before passing the final order dated 19.01.2017 by the CAT, the petitioner was transferred on 26.01.2016 to Kolkata and since then he is continuing at Kolkata.

6. Petitioner submits that on the charge No. 1, no disciplinary proceeding took place, yet on the charges No. 2 and 3, the disciplinary proceedings were conducted by one Shri Ashok Paul, SSPO, Howrah Division. The last inquiry proceedings were held on 31.08.2019. In the criminal proceedings, the petitioner has been acquitted from the criminal charge after full fledged trial on merits vide judgment dated 06.09.2019.

7. The petitioner submits that he submitted representation and in response thereto, petitioner has received letter/order dated 29.01.2020 (Annx. A/2 with the OA) from respondent No. 3 and has been informed that the departmental inquiry proceedings against the petitioner be completed on all charges including Article-1 (charge No. 1) on priority.

8. The petitioner submits that now he has filed this second OA No. 290/00066/2020 on 09.02.2020 before the Jodhpur Bench of the Central Administrative Tribunal wherein following relief has been prayed for:

(i) That impugned charge-sheet dated 2.6.2014 (Annexure A/1), passed by the 2nd respondent and the proceedings in pursuance with letter dated 29.1.2020 (Annexure A/2), and all subsequent proceedings thereof, may be declared illegal and the same may be quashed. The respondents may be directed to allow all consequential benefits as if no such disciplinary proceedings were ever in existence against him.

(ii) That any other direction, or orders may be passed in favour of the applicant which may be deemed just and proper under the facts and circumstances of this case in the interest of justice.

9. The respondents filed reply to the original application. In reply, the respondents raised preliminary objection about maintainability of the second OA filed by petitioner before the CAT at Jodhpur Bench. The respondent took objections that neit