CENTRAL ADMINISTRATIVE TRIBUNAL OC.UAT.NToA.C 2K6 B0E/N00C6H4, C7U oTf T2A0C1K7 RCOesReArvMe:d on 01.08.2024 Pronounced on 09.08.2024 THE HON’BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)

THE HON’BLE SHRI PRAMOD KUMAR DAS, MEMBER (A) Prafulla Kumar Das, aged about 64 years, S/o Late Dasarathi Das, resident of At/PO - Athagarh, PS- Athagarh, Dist- Cuttack, Odisha, PIN-754029, presently working as GDSMC, Athagarh Bazar Kulailo Line, Athagarh -754029.

……Applicant VERSUS

1. Union of India, represented through its Secretary of Posts, Dak Bhawan, Sansad Marg, New Delhi - 110116.

2. Chief Post Master General, Odisha Circle, At/P.O.

Bhubaneswar, Dist.- Khurda, Odisha - 751001.

3. The Superintendent of Post Offices, Cuttack South Division, Cuttack-753001.

4. The Inspector of Posts (IP), Athagarh Sub- Division, Athagarh, Dist - Cuttack, PIN-754029.

5. Postmaster, Athagarh Head Post-Office, Athagarh, Dist-

Cuttack, PIN-754029.

……Respondents For the applicant : Mr. C.P.Sahani, Counsel For the respondents: Mr. B.P.Nayak, Counsel O R D E R PRAMOD KUMAR DAS, MEMBER (A):

The facts in short are that while the Applicant was working as GDSMC Athagarh Bazar-Kuleilo Line in account with Athagarh Bazar SO under Athagarh HO, the Postmaster, Athagarh, vide Memo No. PM/PF PK DAS/2016 dated 20.06.2016 [A/6], placed him under off duty, in contemplation of Disciplinary proceedings, against him. Thereafter, in Memo No. PM/PF PK DAS/2016 dated 15.09.2016 [A/7] charge sheet under Rule 10 of GDS (Conduct and Engagement) Rules, 2011 was issued to him. The Applicant preferred appeal against his off duty order praying for his reinstatement which did not yield any result vide Memo No. A-4 dated 01.11.2017 [A/15]. Thereafter, vide Memo No. PM/PF PK Das/2016 dated 06.11.2017 [A/16], the Postmaster, Athagarh HO appointed IO and PO to proceed with the enquiry based on the allegation made vide Memo dated 15.09.2016 [A/7]. BEING AGGRIEVED, the Applicant filed this OA seeking to quash (i) Memo No. PM/PF PK DAS/2016 dated 20.06.2016 [A/6], (ii) Memo No. PM/PF PK DAS/2016 dated 15.09.2016 [A/7] (iii) Memo No. A-4 dated 01.11.2017 [A/15] and (iv) Memo No. PM/PF PK Das/2016 dated

06.11.2017 [A/16] and direct the Respondents to allow him all consequential service and financial benefits within a stipulated period to be fixed by this Tribunal.

2. The grounds in support of his prayer as raised in his pleadings (OA, rejoinder and notes of argument) which were reiterated in course of hearing by learned counsel for the applicant, in gist, are that as ipbeidr Rules 4&5 of GDS (Conduct & Engagement) Rules, 2011, Rules,2011, the Recruiting Authority is the Disciplinary Authority in so far as GDS employees are concerned. The Postmaster is the Recruiting Authority for his own office and for other offices; the IPO and ASPOs are the Recruiting Authority. The Applicant was working as GDSMC, Athagarh Bazar Kulailo Line in account with Athagarh Bazar SO and not as a Messenger of Athagarh HO and, thus, issuance of the charge sheet by the Postmaster/RSeesc rNeota.5r yis, Mnoint issutrsyta oinf aDbelefe innc teh &e eOyress v osf Plarwab lhaaids dCohwannd irna t hMei rcdashea ,of (2012) 11 SCC 565.

3. Further contention of Ld. Counsel for the applicant is that on 01.01.1974, applicant joined as ED Night Watchman. At that relevant time, there was no minimum educational qualification provided under the ED (Conduct & Service) Rules, 1964 and, thus, the applicant did not submit any such certificate. Being vindictive when Postmaster/Res.No.5, insisted the Applicant to produce educational certificate, though it was not necessary after 42 years of continuance in th service and original certificate of his reading in 4 standard having been lost meanwhile, he collected one Transfer Certificate in the year 2016 and submitted the same before the authority; based on such certificate charge memo was issued without giving details based on which it was found that the same was fake. Thus, by takUinOgI s&u pOprosr tV osf.

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