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1 OA.284/2017

CENTRAL ADMINISTRATIVE TRIBUNAL,

MUMBAI BENCH, MUMBAI.

O.A.284/2017

Dated this Thursday the 18^th day of December, 2025.

Coram: Hon’ble Mr.Shri Krishna, Member (Administrative)

Hon’ble Mr.Umesh Gajankush, Member (Judicial).

Shri Ramchandra C. Dhavale,

S/o Chandru Tuka Dhavale, Age 55 years,

Removal from service,

R/at: At Post: Shirale Varun, Taluka: Shahuwadi,

Dist. Kolhapur – 416 552. .. Applicant.

( By Advocate Shri D.N. Karande ).

Versus

1. Union of India, through Secretary,

Department of Posts, Ministry of Communications & IT,

Dak Bhavan, Sansad Marg,

New Delhi – 110 001.

2. The Chief Postmaster General,

Maharashtra Circle, Mumbai GPO,

Mumbai – 400 001.

3. The Postmaster General,

Mumbai Region, Mumbai GPO,

Mumbai – 400 001.

4. The Sr. Superintendent of Post Offices,

Mumbai North-West Division,

Samata Nagar, Kandivali (E),

Mumbai – 400 101. ..Respondents.

( By Advocate Ms.Sharanya Sinha ).

Order reserved on : 07.10.2025

Order pronounced on : 18.12.2025.

2 OA.284/2017

O R D E R

Per : Umesh Gajankush, Member (J)

The applicant before this Tribunal is challenging the

impugned punishment order dated 30.11.2015 and Appellate

Order dated 21.03.2016 passed by the Disciplinary and Appellate

Authorities with prayer for reinstatement in service.

2. Brief facts of the case are that on 30.12.2013, a

Memorandum under Rule 14 of the CCS (CCA) Rules, 1965

(Annex-A-3) has been issued by the Disciplinary Authority on the

allegation that the applicant while working as Postman, Kandivali

West Post Office, Mumbai, during the period from 01.01.2007 to

29.11.2010 remained unauthorisedly absent from duties on the

occasions stated in the charge-sheet. Thereafter, Inquiry Officer

and Presenting Officer were appointed, inquiry was conducted.

During inquiry vide representation dated 08.04.2015 filed by the

applicant has admitted the charges unconditionally was due to

frequent illness of his parents. Thereafter, representation dated

08.05.2015 was submitted by the applicant expressing willingness

to take voluntary retirement. Thereafter, inquiry report was

submitted in respect of which representation dated 12.08.2015

3 OA.284/2017

was submitted by the applicant and thereafter punishment order

dated 30.11.2015 was passed by the Disciplinary Authority

imposing the penalty of removal from service with immediate

effect.

2.1. Against the aforesaid order, statutory appeal was submitted

on 14.01.2016 before the Appellate Authority which was rejected

vide order dated 21.03.2016 by the Appellate Authority.

Therefore, the present O.A. has been submitted by the applicant

on the ground that in compelling circumstances (like accidental

death of his daughter, frequent sickness of his wife, etc), the

applicant was not able to attend his duties during the period shown

in the memo of charges.

2.2. It is further submitted that while submitting representation

dated 08.05.2015 the applicant also expressed his desire to take

voluntary retirement, however, the Respondent No.4 did pay any

heed to the request of the applicant. It is submitted that

Respondent No.4 did not consider any of the points and in fact the

defence raised by the applicant was not discussed in the

punishment order as to why the Disciplinary Authority has formed

opinion to remove the applicant from service. Further, in appeal,

4 OA.284/2017

various grounds were raised including that punishment of removal

from service imposed on the applicant is harsh one and shocking

to any human being and grossly disproportionate.

2.3. It is submitted that he has not caused any loss to the

Department or has not involved in any fraudulent activities.

Further, he has rendered 32 years of service in the Department

and the said aspect has not been considered while imposing the

punishment of removal which is sheer injustice to the applicant.

3. After notice, the official respondents have filed their reply

and contested the O.A.

3.1. It is submitted that the present O.A. which challenges the

order dated 30.11.2015 and subsequent order dated 21.03.2016

is u