CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH,PATNA Reserved on : 05.12.2025 Pronounced on : 13.12.2025 CORAM HON’BLE MR. JUSTICE NARENDRA KUMAR JOHARI, MEMBER (J)

HON’LE MR. KUMAR RAJESH CHANDRA, MEMBER (A)

Nikhil Kumar (M), son of Amal Kishore Singh, resident of Village Pansalwa, P.O- Pansalwa, P.S- Beldour, District-Khagaria and now dismissed from the post of GDSBPM, T. Bargoan, B.O a/c SA Nagar S.O, Saharsa -852161.

.……..Applicant.

- By Advocate(s): - Shri S.K. Bariar.

-Versus-

1. Union of India, through the Director General, Department of Posts, Dak Bhawan, New Delhi-110001.

2. The Chief Post Master General, Bihar Circle, G.P.O. Complex, Patna-800001.

3. The Post Master General, Eastern Region, Bhagalpur-812001.

4. The Director of Postal Services, Eastern Region, Bhagalpur-

812001.

5. The Superintendent of Post Offices, Saharsa Postal Division, Sahrsa-852201.

…….Respondents.

By Advocate(s) :- Sri G.K. Agarwal, ld. ASC.

O R D E R

Per Kumar Rajesh Chandra, A.M.:-This OA has been filed by the applicant seeking the following relief:-

“(a) The applicant humbly prays that Dismissal Order, i.e. Memo No. A- 355/CH-I/L dated 19.09.2022 (Annexure-A/6), Appellate order, i.e. Memo No. Vig/ER/Appeal/N. Kumar/SHS/2022 dated 30.01.2024 (Annexure-A/8) and Revisional order, i.e. Memo No. Vig/ER/RP/GDS/Nikhil Kumar/SHS/2024 dated 26.08.2024 (Annexure-A/10) may be treated illegal and arbitrary and same may be quashed and set aside.

(b) Pass any order/s, as your Lordships may deem fit and proper.”

2. The brief facts of the case, as per the applicant, are as follows:-

(i) The applicant was initially appointed vide letter dated 10.02.2011 to the post of GDSBPM, T. Bargoan, B.O. a/c SA Nagar S.O., Saharsa Postal Division and he joined to the post on 28.02.2011 after due process of law. (ii) While working as GDSBPM in the said SO the applicant was served Memorandum of Charge dated 21.01.2019 (Annexure-A/1) wherein the applicant had been served with Article of Charges in which it was stated that as per re-verification report dated 14.05.2018 her 10th Board Mark sheet had not been issued by Bihar Sanskrit Shiksha Board (hereinafter referred to as Board), Patna.

(iii) The applicant came to known that he and many others have been falsely implicated and it is handy work of one of Clerks of Divisional office of Saharsa, who had taken signature on the letter dated 05.10.2016 for re-verification from the Board for educational certificates of GDS Employees from the Superintendent of Post Offices of other Postal Division who hold the additional charge of the Superintendent of Post Offices, Saharsa. Thereafter, two false re-verification reports, i.e. Letter No. 435-S/p.t and letter No. 436-S/p.t of same date, i.e. 14.05.2018 of the Board had been planted in the office and saying that it were issued in pursuance of letter dated 05.10.2016. In the letter No. 435-S/p.t dated 14.05.2018 (Annexure-A/2) verification report of 15 GDS is mentioned in which it has been mentioned that marks sheet of Sl. No. 1 to 8 of candidates are genuine, whereas mark sheet of sl. No. 9 to 15 of candidates are not issued by the Board. In the letter No. 436-S/p.t dated 14.05.2018 (Annexure- A/3) the verification report of 28 GDS is mentioned in which it has been mentioned that mark sheet of Sl. No. 1 to 15 candidate are genuine, result of sl. No. 16 to 17 of candidates are cancelled, whereas mark sheet of Sl. No. 18 to 28 of candidates are not issued by the Board. Thus, according to the applicant, the above verification reports are manipulated as the Board cannot issue two letters on the same day for the same purpose. The applicant has been shown at sl. No. 10 of the so called re-verification report, i.e. letter No. 436-S/p.t dated 14.05.2018 wherein it is mentioned that her mark sheet has not been issued by the Board (iv) The applicant had denied the charges leveled and thereafter he participated in the departmental proceeding but the Enquiry officer had not acted in a fair manner and was having bias