CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA OA/050/00142/2024 Date of Order :22.05.2024 C O R A M HON’BLE MR. AJAY PRATAP SINGH, ……JUDICIAL MEMBER Sukh Ram Mandal, son of Late Baidya Nath Mandal, Ex GDS MD/MC, Nazirpur BO in a/w R.K.College SO, under Inspector of Post Offices, West Sub-Division, Madhubani-847211, resident of Village/Post-Bet Parsa, PS-Harlakhi, District-Madhubani (Bihar).

………. Applicant.

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

1. The Union of India through the Secretary, Ministry of Communications, Department of Post, Government of India, New Delhi-110001.

2. The Director General of Post, Ministry of Communications, Department of Post, Sanchar Bhawan, New Delhi-110001.

3. The Chief Post Master General, Bihar Circle, Patna-800001.

4. The Superintendent of Post Offices, Madhubani Postal Division, Siwan-847211 (Bihar).

5. The Inspector of Post Offices, West Sub-Division, Madhubani-

847211 (Bihar).

……… Respondents.

By Advocate :- Shri H.P.Singh, ld. Sr. CGSC O R D E R [ ORAL ]

Per- Ajay Pratap Singh, Member (Judicial)

Grievance of applicant raised by Mr. M.P.Dixit, learned counsel for applicant challenging order dated 18.10.2021 passed by Disciplinary Authority whereby applicant while working as GDS, has been removed from engagement. So also challenging order dated 11.04.2022 whereby the Appellate Authority has upheld the punishment of removal of engagement awarded by Disciplinary Authority. So also seeking direction to set aside the inquiry report dated 11.09.2021 and memorandum of charges dated 23.11.2016 issued under Rule 10 of GDS (Conduct & Engagement) Rules 2011 (hereinafter referred as (C&E) Rules, 2011 and so also seeking direction to reinstate the applicant along with all consequential benefits.

2. It is the case of applicant that applicant has passed Madhyama examination in 2005 and participated in selection of appointment to the post of GDS MD/MC Nazirpur Bo in account with R.K. College SO. After completing all the formalities, applicant has been appointed vide order dated 01.07.2010 and joined the post on 05.07.2010. The respondents have issued order of put off duty and on 20.03.2016, memorandum of charges was issued alleging submission of fake Madhyama examination certificate for securing appointment to the post of GDS. The detail inquiry was conducted and inquiry report was also submitted on 15.09.2021.

3. The further case of applicant is that vide impugned order dated 18.10.2021, applicant has been removed from engagement as GDS. Applicant thereafter preferred appeal memo dated 24.11.2021 before respondent no. 4 and Appellate Authority vide impugned order dated 11.04.2022 has upheld the removal from GDS engagement.

4. The applicant has fairly stated in para 6 of the OA that though there is a provision of filing revision and that has not been exhausted as the impugned order dated 11.04.2022 passed by Appellate Authority are in violation of principle of natural justice and contrary to direction of this Tribunal passed in OA 379/2016.

5. Mr. H.P.Singh, ld. Sr. CGSC appearing for respondents on advance service and raised preliminary objection that applicant has not availed effective efficacious statutory remedy available under Rule 19 of Gramin Dak Sevak ( Conduct & Engagement ) Rules 2011 hence, present OA is not maintainable and deserves to be dismissed in limine at admission stage.

6. Mr. M.P.Dixit, learned counsel for applicant faced with the submission of the learned Sr. Central Government Standing Counsel on preliminary objection of maintainability of present OA submits that the remedy of filing revision is an optional and technicalities cannot be preferred and the impugned order of removal being per se in violation of principles of natural justice and presses to issue notices.

7. Heard learned counsel appearing for both the parties.

8. Short issue for consideration is- “whether remedy of revision is optional and not statutory efficacious alternate remedy” ?

9. Section 20 of Administrative Tribunal Act 1985 re