Disciplinary proceedings must adhere to procedural rules; failure to prove bias or improper document denial results in dismissal of application.

ORDER

Per: Mr. Anindo Majumdar, Administrative Member:

The applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act, 1985 praying for the following relief(s):

“a) To quash and/or set aside the impugned memorandum of charge-sheet dated 12th January, 2021 issued by the Superintendent of Post Offices, Barasat Division Kolkata-124 along with Article of Charges against the applicant being Annexure A-5 of this original application;

b) To quash and/or set aside the impugned office letter dated 22.01.2021 issued by the Disciplinary Authority and disagreed for supplying the listed documents mentioned in the memorandum of charge-sheet to the charged official by violation the provisions of the CCS (CCA) Rules, 1965 being Annexure A-7 of this original application.

c) To quash and/or set aside the impugned office letter dated 12.02.2021 communicated by the Disciplinary Authority to the applicant that no listed documents can be provided to the applicant, only he can inspector such documents at the time of enquiry which is not permissible under CCS (CCA) Rules, 1965 being Annexure A-9 of this original application;

d) To quash and/or set aside the impugned extension of suspension period of the applicant more than 180 days vide office order dated 22.03.2021 by violation of the landmark decision of the Hon'ble Supreme Court in the case of Ajay Chowdhury (supra) being Annexure A-14 of this original application;

e) To quash and/or set aside the impugned office letter dated 23.04.2021 issued by the Enquiry Officer to the applicant by not allowing the defence witnesses in the matter being Annexure A-16(a) of this original application;

f) To quash and/or set aside the impugned office order dated 06.08.2021 issued by the Director of Postal Services, Kolkata Region, Kolkata-700012 by rejecting the allegation of the applicant regarding biasness of the Enquiry Officer on the ground which is not sustainable in the eye of law being Annexure A-18 of this original application. Moreover, the Director of Postal Services is an appellate authority and he cannot pass any order as because the applicant made an appeal before the disciplinary authority against the biasness of the Enquiry Officer. Only disciplinary authority can pass out an order in terms of the CCS (CCA) Rules, 1965 and on that ground alone, the impugned order dated 06.08.2021 is liable to be quashed and/or set aside in the eye of law;

g) To declare that the charges framed against the applicant and the Article of Charges are baseless without any evidence as because the department could not supply the listed documents mentioned in the charge-sheet to the applicant despite making several requests by the applicant and they have denied to supply the listed documents and additional documents to the applicant and the person concerned who is made the complaint against the applicant against whom an FIR is lodged by the police authority therefore, the entire incident has taken place by the Inspector of Posts, Mr. Raman Rajanya and for that your applicant may not be held responsibility, therefore, such allegations levelled against the applicant is false and fabricated and may be liable to be quashed and/or set aside and your applicant is entitled to exonerate from all charges.

h) To declare that day to day enquiry proceedings is in violation of the CCS (CCA) Rules, 1965 by not supplying with the listed documents along with additional documents as prayed for by the applicant and held one-sided enquiry is clearly proved in respect of biasness on the Enquiry Officer and on that ground alone such proceeding is liable to be quashed and/or set aside in the eye of law.

i) To declare that the applicant is an innocent one and he has no role in respect of such incident which was occurred by the Inspector of Posts, Mr. Raman Rajanya in the office premises on 17.09.2020 and the respondent authority without t