Disciplinary inquiries must comply with principles of natural justice; findings require evidence and must not be perverse.

ORDER

Per : Hon’ble Dr.Hukum Singh Meena, Member (A)

1. Being aggrieved with the Order No. B2/28/M-01/2011-12 dated 20/23.01.2012 passed by the Supdt. of Post Offices, Junagadh (Annexure A/1), Order No. B2/28/M-01/2011-12 dated 01.04.2013 passed by Supdt. of Post Offices, Junagadh (Annexure A/2), Order No. STA-20/26/2013 dated 03.07.2014 passed by Director Postal Services, Rajko (Annexure A/3) and Order No. Staff/31-32/201/2015 dated 27.11.2015 passed by Chief Postmaster General, Gujarat Circle, Ahmedabad (Annexure A/4), applicant has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 , seeking following reliefs:-

VIII) Relief / Reliefs Sought for

In the above mentioned facts and circumstances of the case, the applicant prays that

A) May be pleased to admit and allow this original application.

B) May pleased to declare the impugned Orders No.

i) B2/28/M-01/2011-12dated 20/23-1-2012 issued by Supdt. of Post-offices, Junagadh and annexed at Annexure A-1

ii) B2/28/M-01/2011-12dated 1-4-2013 issued by Supdt. of Post- offices, Junagadh and annexed at Annexure A-2

iii) STA-20/26/2013 dated 3-7-2014 issued by Director Postal Sercvices Rajkot and annexed at Annexure A-3 and

iv) Staff/31-32/201/2015 dated 27-11-2015 issued by Chief Postmaster General, Gujarat Circle, Ahmedabad and annexed at Annexure A-4 as unjust, unfair, unreasonable, arbitrary, vindictive, discriminative and bad in law and to quash and set- aside the same.

iii) May be pleased to direct the respondents to reinstate the applicant in service forthwith.

iv) May be pleased to direct the respondents to grant all the consequential benefits to the applicant forthwith.

v) May be pleased to direct the respondents to treat interving period from the date of suspension (11-1-2010) till date of reinstatement as period spent on duty and grant all the consequential benefits being arrised therefrom. and

vi) May be pleased to grant such other and further reliefs as deemed appropriate in the interest of justice.

2. Brief facts of the case as submitted by the applicant are as under:-

2.1 It is submitted that the applicant was initially appointed as Postal Assistant in Junagadh Postal Divison on 22.04.1992. Thereafter, he had worked as Postal Assistant at Kodinar Sub Post Office from 15.04.2005 to 21.01.2008. Further, he worked at Postal Assistant at Ghogla Sub Post Office from 22.01.2008 to 13.03.2010.

2.2 The applicant further submitted that he was placed under suspension vide impugned Memo No. B2/28/SBM/2010 dated 11.01.2010 issued by Supdt. of Post-Offices and subsequently on 20.01.2012, the applicant was served with charge sheet (Annexure A/1 refer).

In response thereto, the applicant submitted his defense representation dated 07.02.2012 whereby he had denied the charges levlled against him and as such requested the DA and the respondent no. 5 to drop all the charges levelled against him.

2.3 He further submitted that before commencing of the Disciplinary Proceedings in the Department, he was acquitted by Hon’ble Chief Judicial Magistrate, Diu vide judgment dated 21.09.2012 in Criminal Case No. 30/2010 which was filed on the very similar charges of Departmental Proceedings (Annexure A/5 refer).

2.4 However, the departmental inquiry started from 12.06.2012 and Shri. N.D. Joshi retired Asstt. Postmaster General was appointed as Inquiry Officer. In the said inquiry, the applicant participated with his defense assistant with full co-operation. Thereafter, the said inquiry concluded on 27.09.2012 and the IO submitted his Inquiry Report on 25.10.2012, wherein all the charges levelled against the applicant were proved, except charge no. II under Article No. 1 of charge memo (Annexure A/6 refer).

2.5 Thereafter, th