AS PER : SUNIL KUMAR SINHA, MEMBER (A)

OA is at notice stage hearing. Brief facts leading to the OA are that

was appointed as Lower Division Clerk on 15.11.1988 and

was issued a charge memorandum

by the Superintendent of Post Offices Buxar Division under the CCS (CCA)

After conducting the enquiry, Inquiry Officer submitted his report on

O.A. No. 050/000769/2023

CENTRAL ADMINISTRATIVE TRIBUNAL

PATNA BENCH, PATNA

O.A. No. 050/000769/2023

Date of Order: 21.12.2023

C O R A M

HON’BLE SHRI SUNIL KUMAR SINHA, MEMBER [A]

AJAY PRATAP SINGH, MEMBER (J)

Sahdei Bujurg, Police Station-Sahdei Bujurg,

Vaishali, at present P.A. SBCO, Buxar (H.O.)

………. Applicant.

Shri Sanjay Kumar Jha

The Director, Postal Services head quarter, Bihar, Patna, Pin Code-

icer, in the office of the Postmaster, General Bihar

The Chief Postmaster General, Bihar Circle, Patna, Pin Code-800001.

le, Patna, Pin Code-800001.

The Superintendent of Post Offices Bhojpur Division, Ara, Pin Code-

The Assistant Superintendent of Post Offices (Legal Cell) –cum-Enquiry

The I.O. West Sub Division Ara in the office of the IRM,P.T. 1^st Sub

……… Respondents.

ORDER (ORAL)

AS PER : SUNIL KUMAR SINHA, MEMBER (A)

Brief facts leading to the OA are that

appointed as Lower Division Clerk on 15.11.1988 and while

posted as Officiating Supervisor (SBCO)/Postal Assistant) at Buxar Head

emorandum for major penalty on 04.12.2019

Buxar Division under the CCS (CCA)

Inquiry Officer submitted his report on

Sahdei Bujurg,

………. Applicant.

-

icer, in the office of the Postmaster, General Bihar

-

Enquiry

Officer, in the office of Chief Postmaster General Bihar Circle, Patna Pin

Sub

……… Respondents.

Brief facts leading to the OA are that

while

at Buxar Head

on 04.12.2019

Buxar Division under the CCS (CCA)

Inquiry Officer submitted his report on

14.6.2022 and the Disciplinary Authority provided

Disciplinary Authority

applicant, passed an order

retirement to applicant with 30%

30% deductio

09.02.2023 the Chief Postmaster General exercising the power of

Revision under Rule 29 of CCS (CCA) Rule

show cause

enhanced to

06.03.2023 and the Chief Postmaster General exercising the power of

Revision enhanced the punishment

from service

2. Applicant had challenged this order before the Hon’ble High Court in Writ

Petition CWJC No. 2236/2023 which was disposed of on 3

observing that the issue in the writ petition is required

Central Administrative Tribunal.

3. Heard. Counsel for applicant presses the OA and requests to issue notice to

respondents. Counsel for respondents submits that

Revision lie

which have not yet been exhausted

maintainable at this stage

To a specific query whether OA was tenable without exhausting the

remedies available under

permission to withdraw this OA with liberty to

for respondents has no objection to the proposition.

5. Considered the submission

at liberty to

available under service law

on the merit of the OA.

(AJAY PRATAP SINGH

Membe

mks/-

2

14.6.2022 and the Disciplinary Authority provided

Disciplinary Authority considering the Inquiry Report and

passed an order on 05.09.2022 imposing punishment of compulsory

retirement to applicant with 30% deduction from his retirement gratuity and

30% deduction from the compensation pension as admissible to him.

09.02.2023 the Chief Postmaster General exercising the power of

Revision under Rule 29 of CCS (CCA) Rule

show cause as to why penalty of compulsory retire

enhanced to “Dismissal from service”. Applicant submitted his reply on

06.03.2023 and the Chief Postmaster General exercising the power of

Revision enhanced the punishment of Compulsory Retirement

service under the Rule 40 of CCS (Pension) Rule , 2021.

pplicant had challenged this order before the Hon’ble High Court in Writ

Petition CWJC No. 2236/2023 which was disposed of on 3

observing that the issue in the writ petition is required

Central Administrative Tribunal.

Heard. Counsel for applicant presses the OA and requests to issue notice to

respondents. Counsel for respondents submits that

evisio