CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH Original Application No. 041/0092/2023 Miscellaneous Application No. 041/00148/2023 HON’BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER Shri Soumyadip Chakraborty Son of Shri Satyanarayan Chakraborty Permanent Resident of Nutan Palli, Dhaleshwar Landmark: North-east corner of old Central Jail P.O- Dhaleshwar-799007, Agartala, Tripura (West

2008 Designation: Postal Assistant Department: India Post (Department of Posts)

Station where last employed: R.K.Pur Head Post Office-

799120.

Ph 8014670952.

Recruitsoumya 999@gmail.com .......Applicant -AND-

1. The Union of India, represented by the Secretary (Posts)

Ministry of Communications, Government of India Postal Services Board, Dak Bhawan, Sansad Marg New Delhi-110001

2. The Postmaster General, N.E.-I Region, Department of Posts, Government of India Head of N.E.-I Region, Agartala-799001

3. The Superintendent of Post offices Agartala Postal Division Department of Posts, Government of India Agartala-799001 ---Respondents Present:

For applicant(s): Applicant In Person For respondents: Sri A. Kundu, Addl. CGSC Date of hearing: 18.04.2024 Date of Order: 22.04.2024

ORDER

PER: DR. SUMEET JERATH, ADMINISTRATIVE MEMBER:

The instant OA has been filed by the applicant, Shri Soumyadip Chakraborty, Postal Assistant, R.K.Pur Head Post Office, Agartala, Tripura seeking the following relief: “(i) To kindly stay the transfer order no. B-692 dated 17/12/2022 at Annexure Al and any consequent orders issued by the Superintendent of Post Offices, Agartala Postal Division, Ministry of Communications, Government of India.

"Grounds for relief and legal provisions relied upon" : (a) The above order being deeply mala-fide is harmful for the prevalence of "natural justice" and promotes "abuse of official capacity for personal gain."

(b) The above order is in direct violation of all the sub-sections of section 2(c) of the "Contempt of Courts Act, 1971" which says, "Criminal Contempt of any Court means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which - (I) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or (II) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or (III)

interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner."

(c) The above order is both a "written publication" and a "visible representation" and it tends to lower the authority behind the ld.court's summon or any and all other orders made to facilitate such summon issued in connection with the above stated cases by trying to over-rule such summon(s) and directing me to be engaged somewhere else at the same time by ignoring such summon(s) and on non-compliance has the audacity of assuming parallel authority akin to the Id.Courts by taking punitive measures by stopping my subsistence allowance only because I obeyed the Id.trial court's summon instead of this mala fide order.

(d) The above order is issued in abuse of official capacity and creates such circumstances which stops me from attending court proceedings either by engaging me 24x7 as all-in-all in-charge of a far-off remote post office or by stopping my "subsistence allowance" altogether which for all intents and purposes incapacitates me by crunching me financially and prohibits me from travelling to the Id.Courts on the fixed dates thereby prejudicing and interfering with the normal due course of the aforementioned judicial proceeding.

(e) To secure the ends of justice it is necessary that the aforementioned criminal cases come to a just and fair conclusion but the above order tries/ tends to avert them by interfering and obstructing the administration of justice only to save its maker from a legal disaster and therefore, should be set aside.

(f) To stop the perverse abuse of the Id.