CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA O.A. 350/1898/2024 Date: 08.01.2025 Coram: Hon’ble Smt. Urmita Datta (Sen), Judicial Member Hon’ble Mr. Suchitto Kumar Das, Administrative Member In the matter of :

Tanmoy Halder, Son of Jagannath Halder, aged about 31 years, Working as Inspector of Posts, Kandi Sub-Division (Under Suspension) and Inspector attached to Murshidabad Division Office, O/O the Superintendent of Post Offices/Berhampore, residing at Radha Krishna Apartment, Flat No. 3A, 3rd Floor, 20, J.C. Bose Road, New Barrackpore-700131, West Bengal, Mobile Number- 8017317853, email id:

tanmoyhalder121@gmail.com Group-B Service Applicant .……

Vs.

1. Union of India, service through the Secretary, Ministry of Communication and Information Technology, Department of Post, Dak Bhaban, Sansad Marg, New Delhi-110001.

2. The Post Master General, Kolkata Region, Yogayog Bhaban, C.R. Avenue, Kolkata- 700012.

3. The Director of Postal Services, Kolkata Region, Yogayog Bhaban, C.R. Avenue, Kolkata- 700012.

4. The Superintendent of Post Offices, Berhampore, District- Murshidabad, Pin Code-742101.

…….Respondents For the Applicant : Mr. A. Chakraborty, Counsel For the Respondents : Ms. E. Banerjee, Counsel O R D E R (ORAL)

Per: Mr. Suchitto Kumar Das, Administrative Member

1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):

“a) An Order do issue directing the respondents to act and proceed in accordance with the provisions of law;

b) An Order do issue setting aside and/or quashing the Office Order dated 18.10.2024 issued by the respondent No. 4extending the Suspension Period with respect to the applicant;

c) An Order do issue setting aside and/or quashing the Office Order dated 05.11.2024 passed by the respondent No. 2;

d) An Order do issue directing the respondent authorities to extend the benefit of settled judicial propositions as well as the benefit of The Ministry of Personnel, Public Grievances and Pensions, DoPTOffice Memorandum dated 23.08.2016 vide F. No. 11012/04/2016-Estt. (A) in favour of the applicant and thereby treating the suspension of the applicant as lapsed/revokedon expiry of 3 months from 23.10.2024 and thereby to allow him to resume his duties in the capacity of Inspector of Posts under the respondents with immediate effect;

e) An Order do issue setting aside and/or quashing the action of the respondents in causing freezing/blocking all the savings accounts of the applicant lying with Post Office and banking Authorities including Salary Account and thereby directing the respondents to take steps intimating the said Banking and postal authorities to make the said accounts of the applicant operative;

f) An Order do issue directing therespondents to consider the prayer of the applicant for change of place of Fact-Finding Enquiry or any other Enquiry at an earliest;

g) To grant all consequential benefits;

h) To certify and transmit the entire records and papers pertaining to the applicant's case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed for in (a), (b), (c), (d) and (e) above;

i) Any other order or orders as the Hon'ble Tribunal deems fit and proper.”

2. Heard Ld. Counsel for both sides.

3. Ld. Counsel for the applicant submits that the prayer of the applicant is only to let him join his service because the extension of suspension is not valid in the light of the DoPT OM No. 11012/04/2016-Estt.(A) dated 23.08.2016.

4. Ld. Counsel for the respondents submits that the bank account of the applicant has already been defreezed and he is getting his subsistence allowance regularly. The authorities are in the process of finalizing the charge sheet against the applicant which will be issued shortly. In view of the serious allegations against the applicant, it is not considered prudent to let him join service.

5. DoPT O.M. No. 11012/04/2016-Estt.(A) dated 23.08.2016