Termination of service without a fair inquiry violates principles of natural justice, especially for civil posts under Article 311(2).

ORDER

Per: Mr. Anindo Majumdar, Administrative Member:

The facts of the case briefly are summarized as under:

a) The applicant Shri Snehansu Hazra was appointed to the post of Gramin Dak Sevak Branch Postmaster Barapahari BO vide Order dated 28.03.11 issued by the Superintendent of Post Offices, Birbhum division, Suri.

b) The service of the applicant was terminated vide Memo No. H-519/Barapahari B.O. dated 05.02.20213 w.e.f. 08.02.2013. The applicant thereafter submitted an appeal against the aforesaid order vide his letter dated 07.03.2013 addressed to the Director of Postal Services, Kolkata Region, Kolkata.

c) A FIR against the applicant for submission of false marksheet at the time of appointment was filed before the Office-In-Charge Rampurhat Police Station, Rampurhat, Birbhum, vide letter dated 02.09.13 (Annexure A-7) issued by Sub-Division Inspector, Birbhum, West Bengal.

d) On the basis aforesaid FIR, the applicant was tried in the Court of Additional Chief Judicial Magistrate at Rampurhat, Birbhum and charges under Section 468/471 was framed against the applicant. However, the applicant was acquitted for the aforesaid charges vide Order of the Additional Chief Judicial Magistrate, Rampurhat, Birbhum dated 30.10.2017 (Annexure A-8).

e) The applicant thereafter moved this Original Application before this Tribunal being O.A. No. 350/144/2018 which was disposed of, vide Order dated 23.04.2018 with the following directions:

“6. I have heard both the parties, perused the pleadings and by accepting the prayer of Mr TK Biswas, ld. counsel for the applicant, and without going into the merit of the case. I directed the applicant to make a comprehensive presentation within a period of one month from the date of receipt of the copy of this order. If such representation is made before the appropriate authority, the authority shall decide the same within a period of three months thereafter is giving a reasoned and speaking order.

7. It is made clear that decision so arrived shall be communicated to the applicant forthwith. With the above direction, the O.A stands dispose of accordingly. No order as to costs.”

f) After his acquittal in the above case, the applicant, vide his letter dated 23.04.2018 had made prayer before the Chief Postmaster General, Yogayog Bhawan, Kolkata and the Superintendent of Post Offices, Birbhum Division, Suri praying to be allowed to join the post of Gramin Dak Sevak in Branch Postmaster at Barapahari Branch Post Office under Birbhum Division, Suri and that be paid all back wages arrears.

g) The Superintendent of Post Offices, Birbhum Division considered the representation submitted by the applicant dated 10.05.2018 in pursuance of the Order of this Tribunal dated 23.04.2018 and passed a speaking order disposing of the same vide his letter dated 25.06.2018 addressed to the applicant whereby he was intimated about the rejection of his representation dated 10.05.2018. Aggrieved by the rejection of his representation dated 10.05.2018 as communicated by the Superintendent of Post Offices, Birbhum Division, Suri letter dated 25.06.2018. The applicant has filed this Original Application seeking the following relief(s):

“a) An order directing the respondents to set aside the order dated 5.2.2013 (Annexure A-3) and order dated 25.6.2018 (Annexure A-10) and thereafter further directing the respondents to join his duty to the post of Gramin Dak Sevak in Branch Post Master (GDS BPM) at Barapahari Branch Post Office under Birbhum Division, Suri, and further directing the respondents to release all back wages (i.e. all service benefits) with all arrear because the applicant was not punished from department and criminal case;

b) An order directing the respondents to produce all the records relating to the instant case, c) Any other order or orders, direction or directions as to this Hon'ble Tribunal seem fit and proper;”

2. We have heard the Ld. Counsel for both the sides and have considered the materials on record.

3. At hearing, Ld