The Tribunal affirmed that appointment processes must adhere to fair procedures, with gross irregularities leading to the cancellation of the applicant's appointment, violating eligible candidates' rights under constitutional provisions.

ORDER

Per:- Rajveer Singh Verma, M[J] :-

Following relief has been sought by the applicant in this OA:-

“A. Memo No Vig/Misc-15/2012 Dated at Muzaffarpur the 19-03-2018 issued by the Director of Postal Services (N), O/o the Postmaster General, Northern Region, Muzaffarpur, as contained in Annexure A/1, whereby the appointment of applicant dated 08.11.2011 has been cancelled, may be quashed and set aside with all consequential benefits.

B. The irregular appointment of Respondent No. 7, made before issuance of Annexure A/1, without following any process of appointment may be quashed and set aside.

C. The applicant may be ordered to be reinstated on the post of GDS MD at Rudrapur Branch Post Office in account with Kateya Sub Post Office under Gopalganj Sub Division of Siwan Postal Division, with all consequential benefits D. Any other relief /reliefs as the applicant is entitled and Your Lordships may deem fit and proper in the ends of justice.”

2. This is a third round of litigation.

3. The brief facts of the case of the applicant as narrated in the OA are that applicant was appointed on the post of GDS MD at Rudrapur Branch Post office in account with Kateya Sub Post Office under Gopalganj Head Office under Siwan Postal Division vide Memo dated 08.11.11 and he joined to the said post on 09.11.2011.

4. Thereafter, vide letter dated 12.09.2013 issued by Inspector Posts, Gopalganj West Sub Division, Hathwa cancellation of engagement of applicant was issued. Being aggrieved, applicant approached this Tribunal in OA No. 612/2013. The said OA was disposed of vide order dated 10.02.2016 setting aside the order of termination dated 13.09.2013 with direction to grant an opportunity to applicant in terms of Rule 4(3) of GDS (Conduct and Engagement) Rules, 2011 and thereafter pass a reasoned order within a period of three months. But again, without providing any opportunity of hearing to applicant, order of termination was issued against the applicant under the provision to Rule-8 of Department of Posts, GDS (Conduct & Engagement) Rules. 2011 vide order dated 13.05.2016.

5. Being aggrieved, applicant again approached to this Tribunal in OA No. 369/2016. The said OA was disposed of by this Tribunal vide order dated 04.08.2017 quashing order dated 09.05.2016 & 13.05.2016 with direction to grant an opportunity to the applicant in terms of Rule 4(3) of GDS (Conduct and Engagement) Rules, 2011 and thereafter pass a reasoned and speaking order within a period of two months. But he was not reinstated to the said post.

6. It is also come to the notice to the applicant that one another person, namely Sri Batte Tiwary has been permitted to join his post without following any process of appointment.

7. It is further stated that vide letter dated 08.02.2018 issued by the Asstt. Director-III, applicant was directed to attend the O/o Postmaster General, Northern Region on 15.02.2018 for personal hearing. On 15.02.2018 applicant appeared before the Director of Postal Services(N) Muzaffarpur for personal hearing but no personal hearing was done. Thereafter, he submitted application before the Director of Postal Services(N) Muzaffarpur along with representation dated 10.01.17.

8. Thereafter, vide memo dated 19.03.2018 issued by the before the Director of Postal Services(N) Muzaffarpur, appointment of applicant dated 08.11.2011 has been cancelled (Annexure-A/1). Hence, the present OA.

9. Written statement has been filed. It is stated that engagement of a GDS is a part time work and not a full-time work like a regular government employee. There is no order of re-instatement of the applicant. It is also stated that as per order of the Hon’ble CAT, opportunity of perso