CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA O.A. 350/1626/2025 Date: 08.01.2026 Coram: Hon’ble Smt. Urmita Datta (Sen), Judicial Member Hon’ble Mr. Suchitto Kumar Das, Administrative Member Anil Kumar Jha, S/o of late Kantir Jha, retired as Assistant Post Master 3 Raniganj Head Post Office, residing at permanent address- old glass factory road, Girija Para, Raniganj- 713347, West Bengal.

………………Applicant.

-versus-

1. Union of India through the Secretary, Ministry of Communication, Dak Bhawan, New Delhi- 110001.

2. The Chief Post Master General, Yogayog Bhawan, West Bengal Circle, Kolkata- 700012.

3. The Post Master General, South Bengal Region, Yogayog Bhawan, Kolkata- 700012.

4. The Sr. Superintendent of Post Office, Asansol Division, Asansol, Pin- 713301.

……………..Respondents.

For the Applicant : Mr. N. Roy, Counsel For the Respondents : Mr. S. K. Ghosh, Counsel O R D E R (ORAL)

Per: Urmita Datta (Sen), Judicial Member The applicant has approached this Tribunal under Section 19 of the Administrati“v(ae )T riTbou nisasluse A dcitr, e1c9t8io5n, purpaoynin tgh efo rre tshpeo nfodlelonwt itnog c raenlcieefl( sth):e charge sheet dated 28.06.2024 forthwith.

(b) To issue further direction upon the respondent to cancel the charge sheet because after retirement the rule 14 enquiry has not been conducted by the respondent. So charge sheet may be dropped. (c ) To issue direction upon the respondent consider representation dated 08.02.2025 for dropping the charge sheet forthwith.

(d) Any other order/orders as deem fit and proper.

(e ) To produce connected departmental record at the time of hearing.

(f ) To issue direction upon the respondents to cancel enquiry proceedings forthwith.”

2. As per the applicant, just two days before his retirement, he has been charge sheeted on 28.06.2024 under Rule 14 of the CCS (CCA) Rules, 1965 (Annexure A/1). Though he had submitted representation against the said charge sheet, however, vide order dated 14.08.2024, Sr. Superintendent of Post Offices, Asansol Division, Asansol had appointed Sri Achintya Kumar Mondal, IP. Gushkara Sub Division, Burdwan Division as an Inquiring Authority under Rule 14 of the CCS (CCA) Rules, 1965, which is not permissible as per Rule 14 of CCS (CCA) Rules itself as well as CCS (Pension) Rules, 2021 against any retired employee. Being aggrieved, he has filed the instant application.

3. Learned counsel for the applicant submits that vide letter dated 02.09.2024 (Annexure A/6), the Enquiry Officer also asked him to participate in the enquiry proceedings. Being aggrieved with the applicant has also approached this Tribunal on the ground that admittedly such enquiry proceeding cannot be held against the applicant who had retired on

30.06.2024.

4. It is noted that on the earlier occasion i.e. 10.12.2025, learned counsel for the respondents had prayed for one accommodation to take instructions on the same issue. However, today, he is not in a position to make submission with regard to the aforesaid ground taken by the applicant.

5. Heard the learned counsel for both sides and perused the records.

6. From perusal of the OA, it is noted that the main question has to be decided in this application as to whether any retired employee can be preceded by the Enquiry Authority under Rule 14 of the CCS (CCA) Rules, 1965. It is further noted that any employee can be preceded under Rule 14 or 16 of the CCS (CCA) Rules, while in service. However, after retirement, the employee would be governed by the CCS (Pension) Rules wherein under Rule 8(ii)(a), the President is of the power to continue with the disciplinary proceedings against any retied employee. Therefore, appointment of enquiry officer under Rule 14 of the CCS (CCA) Rules, 1965 and continuation of such enquiry proceeding under Rule 14 of CCS (CCA) Rules is not permissible. Therefore, any such appointment and continuation of enquiry proceedings is not valid one.

7. In view of above, we have no hesitation to quash and set aside the appointment of I