CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA Date of Hearing: 12.11.2025 Date of Order : 16.12.2025 Coram: Hon’ble Mr. Anindo Majumdar, Administrative Member Hon’ble Mr. Diwakar Singh, Judicial Member In the matter of :

Subhashish Sarkar, son of Binay Bhushan Sarkar, residing at Balihara, Namtor (1), District-

Dakshin Dinajpur, Pin-733125.

......... Applicant -Versus-

1. Union of India, Through the Secretary, Min. of Telecommunication, Sansad Marg, New Delhi-110001.

2. Director of Postal services, North Bengal Region, Department of Posts, India, Siliguri H.O., Pin-734001

3. The Superintendent of Posts, Department of Posts, Dinajpur Division, Balurghat, Pin-733101.

…….Respondents For The Applicant(s): Mr. N. Roy; Counsel For The Respondent(s): Ms. D. Nag, Counsel O R D E R Per: Mr. Diwakar Singh, Member (J)

The applicant has filed this original application under Section

19 of the Administrative Tribunal Act, 1985 seeking the following relief(s):

“i) Directing the respondent authorities and each one of them their men, agents, assigns and subordinates to set-aside, quash and cancel the order dated 03.12.2020 passed by the Director of Postal Services, North Bengal Region, Siliguri by reinstating the applicant in his prior post of Gramin Dak Sevak Branch Postmaster, Balihara EDBO in account with Harirampur sub office, under Balurghat Head Office, Dinajpur Division.

ii) Directing the respondent to disburse the subsistence allowances pending since 8th March, 2019.

iii) To pass such other or further orders as to Your Lordship may deem fit and proper;

iv) To set-aside and/or cancel the enquiry and/or departmental proceeding against the applicant immediately and to reinstate him in his place of posting as referred herein before.”

2. The applicant in the instant O.A. was engaged as a Gramin Dak Sevak Branch Post Master (GDS-BPM) at Balihara Branch Office under Harirampur Sub Office, Balurghat Head Office, Dinajpur Division. On 10.09.2014, he was placed under put-off duty in contemplation of disciplinary proceedings under Rule 10 of the Department of Posts, Gramin Dak Sevaks (Conduct & Engagement) Rules, 2011. Subsequently, on the basis of a complaint lodged by certain pension account holders alleging non- entry of withdrawals in their passbooks and misappropriation of an amount of ₹19,050/-, Harirampur Police Station Case No. 118/2015 under Section 409 IPC was registered. After conclusion of investigation, a charge-sheet was filed and the case proceeded as Special Case No. 02/2018 before the Court of the Additional Sessions Judge, 1st Court, Balurghat, Dakshin Dinajpur.

2.1. Parallelly, a departmental inquiry was initiated. The applicant submitted his written defence, an Inquiry Officer was appointed, and oral hearings continued till 16.08.2018. On 08.02.2019 (Annexure A/4), the Disciplinary Authority imposed the penalty of removal from engagement upon the applicant.

2.2. Meanwhile, on 30.01.2019 (Annexure A/3), the competent criminal court delivered its judgment acquitting the applicant of all charges under Section 409 IPC, holding unequivocally that the prosecution had failed to establish misappropriation or criminal breach of trust, and that the accused was not guilty. Subsequently, the applicant represented before the authorities seeking reinstatement. Since no relief was granted, he approached this Tribunal in O.A. 1640/2019, which was disposed of on 02.03.2020 (Annexure A/7) with liberty to prefer a statutory appeal. The applicant thereafter filed an appeal on 03.07.2020 (Annexure A/8). The Appellate Authority, vide order dated 03.12.2020 (Annexure A/9), confirmed the penalty of removal from engagement.

2.3. Aggrieved thereby, the applicant has preferred the present Original Application seeking quashing of the disciplinary penalty and consequential reliefs.

3. At hearing, Ld. Counsel for the applicant submits that the disciplinary proceeding was founded on the very same factual matrix as the criminal case, based on identical allegations, w