CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA OA/050/0426/2017 Date of Order :22.02.2024 C O R A M HON’BLE MR. S. K. SINHA, …ADMINISTRATIVE MEMBER HON’BLE MR. A. P. SINGH, ……………JUDICIAL MEMBER Nawal Kishore Sinha, son of Sri Sadhu Sharan, Ex-PRI (P), Biharsharif Head Office, Resident of Village-Tufanganj, PO-

Sohasari, PS-Sohsarai, District-Nalanda (Bihar), Pin Code-803118.

………. Applicant.

- By Advocate : Shri M.P.Dixit -Versus-

1. The Union of India through the Director General of Post, Dak Bhawan, New Delhi-110001.

2. The Chief Post Master General, Bihar Circle, GPO Complex, PO-

GPO, PS-Kotwali, Town and District-Patna (Bihar), Pin Code-

800001.

3. The Director Postal Services, Office of the Chief Post Master General, Bihar Circle, GPO Complex, PO-GPO, PS-Kotwali, Town and District-Patna (Bihar), Pin Code-800001.

4. The Superintendent of Post Offices, Nalanda Postal Division, Biharsharif, District-Nalanda (Bihar), Pin Code-803101.

5. The Director, Postal Accounts, GPO Complex, PO-GPO, PS-

Kotwali, Town and District-Patna (Bihar, Pin-800001.

……… Respondents.

By Advocate :- Shri G.K.Agarwal, ld. ASC O R D E R [ ORAL ]

Per- Sunil Kumar Sinha, Member (Admn.)

Applicant, a retired Assistant Post Master has preferred this OA being aggrieved by a charge memorandum issued to him under Rule 14 of CCS (CCA) Rules 1965 on 28.06.2017 (Annexure A/1) alleging that he failed in supervision which resulted in defalcation of large amount of Government money. Prayer in the OA reads as under :-

“8.1 That your Lordships may graciously be pleased to declare the second Charge Sheet dated 28.06.2017 as contained in Annexure- A/1 together with Order dated 17.07.2017 as contained in Annexure-A/2 issued by the Respondent No.4 as null, void, ab-initio wrong in view of the Judicial Pronouncements and Director General of Post Order No.3 laid down in C.C.S. (C.C.A.) Rules, 1965 (Vide Letter No 114/324/78-Disc. II dated the 5th July, 1979) as contained in Annexure-A/7 and as such the second Charge Sheet as contained in Annexure-A/1 be quashed and set aside being not permissible when the earlier Charge Sheet for the same set of allegations has already been dropped.

8.2 That your Lordships may further be pleased to direct the Respondents to take immediate action for releasing the withheld amounts of retiral dues kept pending on account of pendency of said second Charge Sheet as contained in Annexure-A/1 without any further delay.

8.3 That your Lordships may further be pleased to direct the Respondents to grant all consequential benefits including statutory interest on the aforesaid amount till the same are paid actually.

8.4 Any other relief or reliefs including cost of the proceeding be allowed in favour of the Applicant.”

2. As per the OA, applicant retired as PRI(P) Biharsharif on 30.06.2017. Just eleven days before his retirement, he was issued a charge memorandum for minor penalty under Rule 16 of CCS (CCA) Rules, 1965 on 19.06.2017 alleging failure in discharge of duty as supervisor which resulted in fraud amounting to Rs. 1,29,36015.

Applicant submitted his detailed reply on 27.06.2017 and the Disciplinary Authority dropped the charges issued on 28.06.2007 without prejudice to further disciplinary action. On the same day i.e. 28.06.2017 the Disciplinary Authority issued a charge memorandum for Major penalty under Rule 14 of CCS (CCA) Rules, 1965 alleging failure in effective supervision. Applicant submitted his reply on 07.07.2017 after retirement and considering his reply, the Disciplinary Authority appointed Inquiry Officer on 17.07.2017. The departmental proceeding is still continuing and because of the proceeding applicant has not been released the gratuity amount and some other retirement benefits.

3. Applicant has pleaded that second charge memorandum was in violation of DG P&T guidelines issued on 05.07.1979 in which Director General P&T had clarified that once the proceedings initiated under Rule 14 or Rule 16 of the CCS (CCA) Rules, 1965, are dropped, the Di