ORDER

(As per Hon’ble Mr. Ashish Kalia, Judl. Member) The present O.A. is filed seeking the following reliefs:

“……to call for the records pertaining to the suspension order and extensions of suspension issued by the 3rd respondent through Memo. Nos. No.B64 / PGB dt.

27.8.2012, 21.11.2012, 21.5.2013, 18.11.2013, 16.5.2014 and 14.11.2014, 11.5.15 (A-I to VII) and Appellate Order dt. 10-1-13 (Annexure-XVII) issued by the 2nd respondent and declare the same as illegal, arbitrary, contrary to the Rules and instructions prescribed and in violation of the principles of natural justice and the articles 14,16 and 21 of the Constitution, and set aside and quash the said illegal orders with a consequential direction to reinstate the applicant by revoking the suspension with effect from 27.8.2013 (the date on which one year of suspension was completed) with all benefits and pass such other order or orders as deemed fit and proper in the facts and circumstances of the case and in the interest of justice.”

2. The brief facts of the case are that the applicant was appointed as Sorting Assistant on 16.2.1982. After rendering 34 years of unblemished service, his statement was recorded for the alleged misappropriation of cheques received while he was working as Marketing Executive at Sub Record Office, Tirupathi Division, Nellore. Without furnishing any reasons, he was placed under suspension vide Memo dated 27.8.2012. Thereafter, his suspension was extended for 180 days from 25.11.2012. Further, it was extended for 5 times for 180 days on each occasion from 20.4.2013 vide Memos dated 21.5.2013, 18.11.2013, 16.5.2014, 14.11.2014 & 11.5.2015. It is the contention of the applicant that the procedure prescribed by the then Superintendent RMS TP-Division was followed by him and as such there was no need to place him under suspension. According to him, the guidelines prescribed under Rule 17 of Postal Manual Vol.III were violated by the respondents.

Though he was placed under suspension, neither charge sheet is issued nor suspension is revoked. His suspension period has been extended periodically without taking the facts and circumstances into consideration.

3. Notices were issued and the respondents have filed a detailed reply contesting the matter wherein it is stated that the applicant has deliberately violated the prescribed rules and accounting procedure and misappropriated Public Funds to the tune of Rs.45,68,554/-. The Government Exchequer has suffered a huge loss which could not be recovered from the applicant so far. The CBI authorities have registered a case against him and after completion of investigations, final report was filed on 6.5.2014 in the CBI Court, Visakhapatnam.

As such, the action of the respondents in continuing the applicant under suspension is completely in accordance with the existing rules and procedure prescribed on the subject. It is further stated that charge memo under provisions of Rule 14 of CCS (CCA) Rules, 1965 will be issued to the applicant shortly. The respondents have relied upon the judgement of the Hon’ble Supreme Court in R.P.

Kapur vs Union of India [1966 – I – LLJ – 164 (SC) 171] in support of their case.

4. Heard the learned counsel for the parties at length and perused the pleadings on record.

5. The undisputed facts of case are that the applicant was placed under suspension on 27.8.2012 on the charge of misappropriation of cheques amounting to Rs.45,68,554/-. The matter was referred to CBI which has also taken cognizance and a charge sheet was filed on 12.5.2014 in the Criminal Court. The departmental proceedings were initiated against him on 13.11.2015 and the applicant has been continuing under suspension.

6. Learned counsel for the applicant has relied upon the judgement of the Hon’ble Supreme Court in the case of Ajay Kumar Choudhary vs Union of India [(2015) 7 SCC 291] a