O R D E R

Per: Mr. Kumar Rajesh Chandra, Memer (A)

1. The instant Original Application has been filed by ld. Counsel for the applicant for the following relief:

i. To set aside and quash the SPOs Sasaram memo No.F3-1/15-16/Chainpur SO dated 17.03.2017.

ii. To set aside and quash the o/o CPMG Bihar Patna Memo No. Staff/RP-06/Appeal/S.R. Pd./2017 dated 3/2018 issued by Director Postal Services (Central Region) Bihar Patna by which appeal of the applicant was rejected on the sole ground of time barred.(introduced through an amendment to the relief clause)

iii. To direct the respondents to pay the salary of the applicant from the date of dismissal from service to 31.03.2017 and other retiral benefits which are not paid due to order of dismissal from service.

iv. Any other relief or reliefs including the cost of the proceeding may be allowed in favour of the Applicant.

2. The brief facts of the case, as per the applicant, are that this application is being filed by applicant to set aside the penalty of dismissal of service imposed on applicant. This order has been issued by SPOs Sasaram on 17.03.2017 (Annexure-A/6). The applicant was charged sheeted on 04.01.2017 (Annexure-A/1) for the charge of excess withdrawal of Rs.100 and Rs.400 from MGNREGA Accounts and this amount was credited by Panchayat Rojgar Sewak, Gram Panchayat Shewak in Chainpur SO on 29.07.2015 (Annexure-A/7). The applicant made appeal against this penalty of dismissal from service to D.P.S. Central Region Patna on 17.05.2017 (Annexure-A/8) and nothing is heard till date. Hence, this O.A.

3. Ld. counsel for the applicant submitted that the applicant has worked as Postal Assistant in Rohtas Postal Division. He worked as Sub Postmaster Chainpur SO from 02.11.2013 to 08.09.2015.

4. He further submitted that one memorandum of charges was issued by SPOs Sasaram against the applicant under memo No. F3-1/15- 16/Chainpur SO dated 04.01.2017. A copy of memorandum of charges issued under SPOs Sasaram memo No. F3-1/15-16/Chainpur S.O. dated 04.01.2017 against the applicant is being annexed herewith and marked as Annexure-A/1 to this O.A.

5. From perusal of above mentioned memorandum of charges, it is evident that it is alleged against the applicant that applicant has made excess withdrawal of Rupees 100/- (one hundred only) in Account No. 400386904 and of Rs. 400/- (Rupees Four hundred only) in account of 40386906 both accounts standing at Chainpur S.O. The date of credit and withdrawal is 26.09.2014 and 22.10.2014 respectively in both the accounts. The above mentioned transactions were made in MGNREGA Accounts.

6. He also submitted that the SPOs. Sasaram appointed Shri Shantosh Kumar Tiwary ASPOs, Dalmianagar as Inquiry Officer under Memo No.F3-1/15-16/Chainpur dated 21.02.2017. (A copy of Memo No.F3- 1/15-16/Chainpur SO dated 21.02.2017 is annexed and marked as Annexure-A/2 to this application) and Sri Rajeev Kumar as Inspector Posts, Bikramganj as Presenting Officer under memo No. F3-1/15- 16/Chainpur dated 21.02.2017. (A copy of above mentioned memo No.F3-1/15-16/Chainpur SO dated 21.02.2017 is being annexed and marked as Annexure-A/3 to this application).

7. The said I.O. fixed date of enquiry on 07.03.2017 under Memo No.ASP.DLM/Disc-01/Sita Ram Prasad/2016-17 dated 20.02.2017. (A copy of above memorandum of dated 22.02.2017 is being annexed and marked as Annexure-A/4 to this application).

8. He also submitted that the applicant attended enquiry on 07.03.2017 and in course of inquiry, Inquiry Officer misguided the applicant and told that if you would not accept the charges, this enquiry would not be completed till 31.03.2017 and this proceeding would be continued in Rule 9 of CCS (Pension) Rules, 1972 and your all retiral benefits would not be paid due to pendency of proceeding as there is charge of Excess withdrawal of Rs.500/- against you. Inquiry Officer assured the applicant that he would arrange the compul