Put off duty prayers become infructuous upon GDS superannuation despite pending departmental inquiry.

ORDER 

Per:- Rajveer Singh Verma, Member [J]

1. Instant OA has been filed by the applicant for the following reliefs:-

“i)To direct the Respondents concerned to revoke the put off duty of the applicant which was passed vide Office Order dated 15.03.2021 and affirmed on 18.03.2021 by Respondent No. 5 and 4 respectively in contemplation of Departmental proceeding but without serving the memo of charge or without appointing Enquiry and Presenting Officer in routine manner the put off duty is being extended for more than 8 months is arbitrary, improper and in teeth of statutory provision of GDS (Control & Employment) Rules.

ii) For further direction upon the Respondents concerned to pay the due compensation exaggeration payment after extending the same from 25% to 50% and onwards as decided by competent Respondents as put off duty of applicant has prolonged for about 8 months without any Departmental and judicial proceeding pending against the applicant.

iii) For any appropriate order/orders as your Lordships may deem fit and proper in interest of Justice.”

2. The brief facts of the case of the applicant as narrated in the OA are that the applicant was initially engaged on 20.03.1980 and continued up 27.03.2003 as Gramin Dak to Sevak-Dak Distributor and thereafter on 28.03.2003 he was permanently appointed as GDS, BPM, Branch Ram Nagar under Sub as Divisional Post office, Lakhisarai and also under Munger Division Post Office and continuously discharged his duty up to 15.03.2021.

3. That vide Office Order No. A/1 Ram Nagar dated 15.03.2021 (Annexure-1) issued under the signature of Respondent of Post, Assistant Superintendent Lakhisarai Sub Division, applicant was informed that he has been kept under "Put off" duty in contemplation of Departmental proceeding and his head quarter is fixed at Lakhisarai MDG and he will be entitled to be paid compensation of exaggeration payment of 25% of his TRCA together with admissible D.A. This Office Order was also affirmed by Respondent Superintendent of Post vide Office order dated 18.03.2021 (Annexure-2) issued under signature of Respondent No.4.

4. That it is further stated that Respondent No. 5, Assistant Superintendent of Posts, Lakhisarai issued further Office order dated 19.03.2021 (Annexure-3) in continuation of earlier Office order dated 15.03.2021 under which Head Quarter fixed at Lakhisarai MDG has been altered directing Head Quarter of the applicant during "Put off" duty will remain at Branch Office, Ram Nagar.

5. It is also submitted that respondents have not issued any memo of charge and also not appointed any Enquiry Officer or Presenting Officer against the applicant nor reason for keeping him under “Put Off” duty was disclosed to the applicant. That vide office order dated 10.06.2016 (Annexue-4) passed by respondent no.4, “Put Off” duty of the applicant has further been extended for 90 days w.e.f. 13.06.2021.

6. That on 02.07.2021 applicant submitted representation before the respondent authorities to revoke his “Put Off” duty. (Annexure-5). But, vide office order dated 10.09.22021 “Put Off” duty of the applicant has been extended for further period of 90 days w.e.f. 11.09.2021. (Annexure- 6). But till date applicant has not been served any memo of charge. Applicant again submitted Appeal/representation before the respondent authorities on 25.09.2021 (Annexure-7) to enhance the exaggeration compensation amount and subsequently reminder dated 20.10.2021. (Annexure-8). But no action was taken by the respondents