Prolonged suspension beyond 90 days is valid if justified; disciplinary authority's decisions are sustained unless procedurally flawed or arbitrary.

ORDER

Per: Hon’ble Shri Santosh Mehra ...........Member(A)

Through this OA , the applicant has sought for the following reliefs:

“1. Quash the O/O ADA O/O Assistant Superintendent of Post Offices, Hubli East Dn, Hubli-580020 Memo No.ADA/ASP/HbI(E)/SCK/Alnavar SO/2021 dated 11.11.2021 vide Annexure A13 issued by Respondent No.4.

2. Quash the O/O Senior intendant of Post Offices, Dharwad Dn., Dharwad-580008. Letter No.DWD/F-1/SCK/GDS MD/ALR/2019 dated 22.08.2022. Annexure A15 issued by Respondent No.5.

3. Quash the O/O Post Master General, N.K.Region, Dharwad-580001 Memo No.NKR/VIG/PET/814/2023 dated 03.10.2023 vide Annexure A17 issued by Respondent No.3.

4. Consequently direct the respondents to reinstate the applicant from 04.10.2019, with all consequential benefits.

5. Grant any other relief as deemed fit into the facts and circumstances of the case, in the interest of justice and equity.”

2. The facts in a nutshell are as follows :

The applicant was placed under ‘Put Off Duty’ on 04.10.2019 while he was working as GDS MD at Alnavar SO. He was issued a charge Memorandum on 13.07.2020. Subsequently departmental enquiry was conducted and based on its proceedings, he was removed from engagement on 11.11.2021. His appeals to the Appellate Authority and to the Revision Authority were also rejected. According to him, the proceedings were in violation of the Rules and procedures and unsustainable in law. Hence, he has filed this OA.

3. The Counsel for the applicant submits that the applicant was working as GDS MD at Alnavar SO, when he was placed under ‘Put Off Duty’ from 04.10.2019. He was granted payment of 25% TRCA (Time Related Continuity Allowance) with admissible DA with effect from 05.10.2019, which was extended from time to time. He was issued the Charge Memo on 13.07.2020, which was after a lapse of more than nine months and was in violation of the laid down Rules and Procedures. The applicant denied the charges vide his representation dated 16.07.2020. The same day the Inquiry Officer and Presenting Officer were appointed by Senior Superintendent of Post Office, Dharwad. The applicant submitted a representation on 12.01.2021 for revocation of his ‘Put Off Duty’, citing certain Rules therein, which is as follows:

“Sir on 04/10/2019 IP Dwd Sub Dn issued a Put-off duty order to me (By Hand). It is mentioned in this order that disciplinary proceedings are contemplated against me.

Thirdly under the provisions of Rule 12(2) of GDS(C&E) Rules 2000 read as under,

(2) An order made by the Inspector of Post Offices or the Asst Supdt of Post Offices as the case may be, of the sub Dn under sub-rule (1) shall cease to be effective on the expiry of fifteen days from the date of such orders unless earlier confirmed or cancelled by the Appointing Authority or the Authority to which the Appointing Authority is subordinate.

In this case IP Dharwad is the subordinate to SSPOs Dharwad.

So respected SSPOs Dharwad is to confirm the Put-off duty order or cancel within 15 days from the date of such order. In fact nothing has been done even this day.

Fourthly under the provisions of Rule 12(3)(i) GDS (C&E) Rules 2020 which read as under,

(ⅰ) The amount of compensation as ex-gratia payment may be increased by suitable amount, not exceeding 50% of such compensation admissible during the period of the first 90 days, if in the opinion of the said authority the period of put-off duty has been prolonged, for reasons to be recorded in writing not directly attributable to the sevak.

Note: The case is und