IMPORTANT POINT
The lack of a specified time limit for revising authority under Rule 29(1)(vi) invalidates the enhancement of punishment, emphasizing adherence to procedural fairness.

JUDGMENT :

Vikas Budhwar, J.

1. Impugned in the present proceedings at the instance of Union of India through Director General Post, Department of Posts, New Delhi (In short ‘Postal Department’) is an order dated 1.8.2023 of the Central Administrative Tribunal Lucknow Bench, Lucknow (In short Tribunal) passed in O.A. No.541 of 2022, (Namo Narain Prasad vs. Union of India & others) whereby the original application preferred by Namo Narain Prasad (In short ‘original applicant’) came to be disposed of while setting aside the order dated 30.9.2022 of the Revisional Authority and upholding the order dated 25.3.2018 of the Appellate Authority confirming the punishment imposed by the Disciplinary Authority on 31.10.2017 reverting the original applicant for the post of Senior Postmaster to Dak Assistant for a period of five years while fixing the pay at the minimum of the scale of Dak Assistant for a period of five years with cumulative effect on future increments for the reversion period, recovery of an amount of Rs.3,88,060/- and the said period shall not be treated as dies non but only be for computation of retiral benefits.

2. A joint statement has been made by the learned counsel for the rival parties that they do no propose to file any further affidavits and the writ petition be decided at the admission stage on the basis of the documents available on record. With the consent of the parties, the writ petition is being decided at the admission stage.

Facts

3. The case of the original applicant before the Tribunal was that while he was discharging the duties on the post of Sub Post Master, Sikanderpur, Bus Stand from 7.8.2012 to 26.6.2012 alleging irregularities, was placed under suspension vide order dated 26.6.2014. A major penalty charge memorandum was issued on 15.9.2014 containing as many as two articles of charges. An Inquiry Officer came to be appointed to conduct inquiry against the original applicant. The Inquiry Officer tendered its inquiry report dated 31.8.2017 holding the two article of charges stood proved against the original applicant. A show cause notice is also stated to have been issued to which the original applicant submitted his reply and thereafter on 31.10.2017, the Superintendent Post Office, Ballia Division, Ballia proceeded to pass an order imposing as many as four punishments:

(a) reversion from the post of Sub Post Master to Dak Assistant from the pay scale of Rs.37,500/- to Rs.25,500/- w.e.f. 1.11.2017 for a period of five years (b) fixation of the pay at the minimum of scale of Dak Assistant for a period of five years with cumulative effect on future increment (c) no increment was made admissible for the period of reversion (d) an amount of Rs.3,88,060/- to be deposited by the original applicant to be adjusted.

4. Being aggrieved against the punishment order dated 31.10.2017 of the Disciplinary Authority, the original applicant preferred an appeal on 12.12.2017 under Rule 23 of the CCS CCA Rules,1965 (In short Rules, 1965) before the Director Postal Services, Office of P.M.G., Varanasi, writ petitioner no.4. The said appeal came to be rejected on 13.4.2018 confirming the punishment imposed by the Disciplinary Authority.

5. Against the appellate order dated 13.4.2018 confirming the punishment order dated 31.10.2017 of the Disciplinary Authority, the original applicant claims to have preferred revision before the writ petitioner no.3, Chief Postmaster General, Uttar Pradesh Circle, Lucknow on 23.5.2018.

6. According to the original applicant, the revision preferred by him remained pending and during the interregnum period the punishment order dated 31.10.2017 came to be implemented. As per the original applicant the Revisional Authority, Chief Postmaster General Uttar Pradesh Circle Lucknow proceeded to issue a notice dated 30.6.2022 while exercising powers under Rule 29(1)(vi) of the Rules, 1965 intending to revise/ enhance the punishment inflicted vide order dated 31.10.2017 of the Disciplinary Authority.

7.