Service associations must comply with their governing rules, prohibiting political funding and ensuring that funds are used solely for promoting members' common interests.

JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. This writ petition has been filed for the following reliefs: -

“(i) For issuance of an appropriate writ/order/direction, for quashing setting aside order dated 26.04.2023 being no. SR- 10/7/2022-SR-DOP (Annexure - 13) passed by Respondent - Department of Posts, by virtue of which the recognition granted to the petitioner association under the Central civil Services (Recognition of Service Association) Rules, 1993 has been withdrawn in a wholly illegal and arbitrary manner, against the mandate of the Central civil Services (Recognition of Service Association) Rules, 1993.

(ii) For issuance of further appropriate writ/order/direction, including Writ of Declaration, declaring that the action of Respondent Department of Posts in withdrawing the recognition granted to the petitioner under the Central civil Services (Recognition of Service Association) Rules, 1993 is wholly illegal and arbitrary as the petitioner has conducted its activities as per the mandate of the Central Civil Services (Recognition of Service Association) Rules, 1993.

(iii) For issuance of further appropriate writ/order/direction, including Writ of Mandamus, directing the Respondent- Department of Posts to immediately and forthwith grant due recognition to the petitioner in accordance with the Rules laid down in Central civil Services (Recognition of Service Association) Rules, 1993.

(iv) For issuance of any other appropriate writ(s)/order(s)/ direction(s) as Your Lordships may deem fit and proper in the facts and circumstances of the case.”

Arguments of the petitioner

2. Learned counsel for the petitioner has submitted that repeated notices were issued to the petitioner in connection with the disputed transactions and ultimately it culminated in a show cause notice dated 16.03.2023 issued to the petitioner- All India Postal Employees Union Group 'C' as well as to the National Federation of Postal Employees (in short ‘NFPE’)

3. The learned counsel submits that as per the show cause primarily three transactions are in dispute. First is relating to utilization of Rs. 4,935/- which was alleged to have been donated to CPI(M); second is relating to an amount of Rs. 50,000/- which was alleged to have been paid to CITU and third is relating to the allegation in connection with donation of Rs. 30,000/- [though the amount has not specifically been mentioned in the show cause notice] which was said to be contribution for farmers’ movements. He submits that this would be clear from the earlier show cause notices issued to the petitioner.

4. The learned counsel has submitted that in response to the show cause notice, a common reply was furnished by both the noticees as the same person was the General Secretary of All India Postal Employees Union Group 'C' as well as Secretary General of National Federation of Postal Employees. In the said reply, adequate explanation was given in connection with contribution for farmers’ movements in paragraph 3. With respect to remittance of Rs. 50,000/-, the allegation was clearly denied. With respect to sum of Rs. 4,935/- being donated to CPI (M), the transaction was explained by stating that it was not donation, but some online payment made on 05.01.2021 with respect to purchase of some books and appropriate action was taken against the concerned person who had remitted the amount and the amount was also recovered from his salary, money receipt dated 20.10.2022 with regards to the books has been annexed along with the writ petition and the learned counsel for the petitioner submits that the said receipt is with respect to the dues of 05.01.2021 as mentioned in the receipt itself. The learned counsel submits that by the impugned order the recognition of both the noticees has been withdrawn with immediate effect with a further rider, ‘till further orders’.

5. The learned counsel has submitted that so far as the National Federation of Postal Employees is concerned, they have filed a separate writ petition befor