CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA Date of Order: 03.05.2024 C O R A M HON’BLE SHRI AJAY PRATAP SINGH, MEMBER (J)

1. Baidya Nath Mahto, S/o Sri Shankar Mahto, resident of Village -

Chandanpatti, P.O.- Gausa Ghat Basaila, District Darbhanga 846007. At present under orders of GDS MD/MC[ABPM] with Saramohanpur Sub Darbhanga. of Dismissal from Engagement from the post of G. Basaila Branch Post Office in account Office under Darbhanga Postal Division ,………. Applicant.

By Advocate :- Shri Jayant Kumar Karn -Versus-

1. The Union of India through the Secretary, Department of Posts. Dak Bhawan, New Delhi-110001.

2. The Chief Postmaster General, Department of Posts, Bihar Circle, Patna 800001.

3. The Post Master General, Department of Posts, Northern Region, Department of Posts, Muzaffarpur.- 842002 (Bihar)

4. The Director Postal Services, Office of the Postmaster General, Northern Region, Muzaffarpur 842002.(Bihar).

5. The Superintendent of Post Offices, Darbhanga Postal Division, Darbhanga - 846005.(Bihar)

6. The Inspector of Post Offices, Central Sub Division, Laheriasarai Darbhanga. 846005. (Bihar)

……… Respondents.

By Advocate :-Shri Radhka Raman, ld ASC through V.C. Mode ORDER (ORAL)

AS PER : AJAY PRATAP SINGH, MEMBER (J)

1. Grievance of the applicant is as projected by Shri Jayant Kumar Karn, learned counsel that vide impugned order dated 02.02.2024 passed by respondent no.3 invoking power under Rule 19 (1) (i) of GDS (Conduct and Engagement) Rules 2020 (hereinafter referred as Rules 2020 has modified punishment of TRCA be reduced by two stage for a period of three years with effect from 01-07-2022 to 30-06-2025 with further direction that Sri Baidyanath Mahto will earn increment during the period of reduction and on expiry of the said period the reduction will not have the effect of postponing his future increment" to that of "Dismissal from engagement which shall ordinarily be a disqualification for future engagement" to Shri Baidyanath Mahto, the then GDSBPM(officiating), Bhuskaul BO in a/c with Saramohanpur SO now ABPM G. Bassaila BO in a/c with Saramohanpur SO under Darbhanga Division. So also to set aside order dated 02.02.2024 and direct respondents to reinstate applicant in service with all consequential benefits.

2. It is the case of applicant that he was engaged as EDDE cum EDMC of G. Basaila Branch Post Office in account with Sara Mohanpur Sub-Post Office in Darbhanga Postal Division vide order dated 27.11.1990. The post of EDDA-cm-EDMC re-designated to ABPM. The applicant is class-VIII pass whereas minimum qualification for GDS BPM prescribed as matriculation but ordered to officiate on post of GDSBPM and obeyed directions of superior officers. Memo dated 08.01.2020 was issued and in eye of law no enquiry and disciplinary authority vide order dated 19.04.2022 respondent no. 6 inflicted penalty of reduction of TRCA by two stage for a period of three years with effect from 01.07.2022 to 30.06.2025 with direction that the applicant will earn increment during period of reduction and on expiry of the said period of reduction will not have the effect of postponing his future increment.

3. Applicant further case is that after about one year three months of penalty order dated 19.04.2022, the PMG, Northern Region under Rule 19(1)(i) of GDS (C&E) Rules 2020 sought representation against proposed modification of his penalty dated 19.04.2022 to that of dismissal from engagement which shall ordinarily be a disqualification for future engagement vide memo dated 10.07.2023.

4. Shri J.K. Karn, learned counsel for applicant vociferously canvassed that respondent no.3 has proposed enhancement of penalty to dismissal, most severe major penalty vide SCN dated 10.07.2023 Annexure A-9, whereas on face of record of SCN, Annexure A-9 dated 10.07.2023 there is no specific material and even allegations not mentioned to rebut and file response and no reasonable opportunity given as per Rule 2020.

5. Shri J.K. Karn, learned counsel also contended