ORDER

Per Rameshwar Vyas, Judicial Member :

Being aggrieved by the punishment order dated 11.04.2014 (Annex.A/3) whereby the applicant was removed from engagement from the post of Dak Sevak and the order of appellate authority dated 25.08.2014 confirming the punishment order, the applicant has preferred 2- O.A. NO. 449/2014 this OA with a prayer to quash and set aside the above orders as also to reinstate him on duty with all consequential benefits.

2. The facts of the case in brief are as under :- The applicant was appointed initially as a Gramin Dakpal in the year 1987. While working on the said post, the applicant was served with a Memorandum of Charges dated 13.01.2012 under the provisions of Rule 10 of the Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 [hereinafter referred to as ‘the GDS Rules 2011’]. Inquiry Officer and the Presenting Officer were appointed. The applicant pleaded not guilty to the charges levelled against him. He was asked to suggest the name of the defence nominee, but he did not suggest name of any person. The inquiry proceedings were conducted in the presence of the applicant but he did not cross examine any of the witness produced by the department. After completion of the prosecution evidence, brief of the prosecution evidence was disclosed to the applicant. Vide show cause notice dated 13.01.2014, the applicant was asked to file reply to the inquiry report, which he filed on 24.01.2014 (Annex.A/2). Thereafter, vide order dated 11.04.2014, the Superintendent of Post Offices, Churu Division, Churu, passed the punishment order removing the applicant from service. Aggrieved with the above order, the applicant filed an appeal (Annex.A/4) which was rejected vide impugned order dated 25.08.2014 (Annex.A/1). It is pertinent to note that in the year 2010, the applicant was chargesheeted with the allegation of not taking into account the amount deposited by the depositors, however, the said memo was revoked vide order dated 19.05.2011 and a new charge sheet was issued on 13.01.2012 wherein, fresh charges were framed against him including the charges framed against the applicant on the previous occasion vide Annex. A/5.

3- O.A. NO. 449/2014 Inquiry was conducted which culminated into removing the applicant from engagement as GDS. Aggrieved with the above, the applicant has preferred this O.A.

3. It is the case of the applicant that he has been penalised for no fault of him.He was not provided opportunity of hearing. Though the charges were not proved yet, he was found guilty of the charges. It is also the case of the applicant that the punishment order imposed upon him is disproportionate to his conduct. Defence of the applicant has not been considered objectively. It is also the case of the applicant that on previous occasions in the year 2010 charges had already been framed against him, therefore, same charges could not be levelled against him. The appellate authority has also not considered the matter properly, therefore, applicant has prayed to set aside the impugned order removing him from service.

4. It is the reply of the respondents that previous charges were dropped without prejudice to further action vide office order dated 17.11.2011 and then a fresh chargesheet was issued under Rule 10 of the GDS Rules, 2011 vide OM dated 13.01.2012. Regular inquiry was conducted after appointing an inquiry officer. The inquiry officer completed its inquiry and submitted the report to the disciplinary authority on 08.01.2014. Copy of inquiry report was provided to the applicant. It is further averred that applicant on previous occasion, was placed under put off duty on 04.11.2010 and the order was confirmed by the Superintendent of Post Offices,Churu on 11.11.2010. It is further averred that appointing authority vide order dated 19.05.2011 revoked the order putting him off duty. It is further averred tha