CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA OA/050/00180/2017 CORAM HON’BLE MR. JUSTICE NARENDRA KUMAR JOHARI, MEMBER (J)

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

Manoj Kumar, Son of Shri Budhu Saw, Resident of Village & Post-

Telhara, District- Nalanda, Pin- 801306 (Bihar)

……..Applicant.

- By Advocate(s) :- Shri Om Prakash Singh -Versus-

1. The Union of India, through the Secretary-cum-Director General, Department of Posts, Government of India, Dak Bhawan, Sansad Marg, New Delhi-110001.

2. The Chief Postmaster General, Bihar Circle, Patna.

3. The Director Postal Services, Central Region, Bihar, Patna.

4. The Superintendent of Post Offices, Rohtas Division. Sasaram, Pin -821115.

…….Respondents.

By Advocate(s) :- Mrs. P.R. Laxmi, ld. ASC Reserved on 24.11.2025 Order Pronounced on 13.12.2025 O R D E R PER : NARENDRA KUMAR JOHARI, MEMBER (J) :

Instant OA has been filed by the applicant seeking the following relief:-

“8(i) That your Lordships may graciously be pleased to quash and set aside the SPOs Sasaram Memo No.B-

1/OS/Clerk/M.Kr.(Loose) dated 30.05.2016.

8(ii) That Your Lordships may graciously be pleased to direct the respondents to allow the applicant to join the duty.

8(iii) Any other relief/reliefs as your Lordships may deem fit and proper in the interest of justice.

2. The brief facts of the case of the applicant as emerged from the pleadings are that the applicant was provisionally selected for the post of Postal Assistant in Sasaram Postal Division by the office of Post Master General, Ranchi Region, Ranchi vide letter No.R&E.11/PA/ SA/93 dated 20/25th March, 1996 and at that time Ranchi Region was part of Bihar Postal Circle Patna and Rohtas Division Sasaram was under jurisdiction of Postmaster, General, Ranchi Region. After creation of separate State of i.e Jharkhand, the Postal Circle, Ranchi, Sasaram Postal Division is under jurisdiction of Chief Postmaster General, Bihar Circle, Patna.

3. Thereafter, observing all formalities, a list of approved candidates in respect of recruitment was issued from the office of Post Master General, Ranchi vide letter No.R&E-11/P.A./S.A./93 dated 20/25th March 1996.

4. After completion of all formalities and successful completion of required training the applicant, the Superintendent of Post Offices, Rohtas Division, Sasaram, vide memo dated 4.101996 temporarily appointed the applicant and posted as P.A. in Sasaram H.O.

5. On 01.11.2006, a F.I.R. was registered by C.B.I., ACB, Ranchi against applicant alleging that applicant had not secured total 763 marks in I.Sc. Examination, 1989 conducted by Bihar Intermediate Education Council, Patna. Thereafter, applicant was charge-sheeted Under Section 420 and 471 of I.P.C. and vide order dated 22.01.2016 issued by the Court of Sub Divisional Judicial magistrate-cum-Special AN KUMAR J.M., CBI, Ranchi, he was convicted for sentence of 3 years and fine of Rs.5000/00 Under Section 420 of I.P.C. and further sentence of R.I. 3 years and fine of Rs.5000/- Under Section 471 of I.P.C. by the J.M. C.B.I. Ranchi on 22.01.2016. Thereafter, the applicant was placed under suspension vide letter dated 16.03.2016 issued by the Superintendent of Post Offices, Rohtas Division, Sasaram.

6. The applicant, thereafter, approached the Hon’ble High Court of Jharkhand where his appeal against the conviction has admitted. The applicant has been granted bail too. Thereafter he submitted a representation dated 22.03.2016 addressed to the Superintendent of Post Offices, Sasaram for allowing him to continue on his post. But, the SPOs Sasaram vide Memo No.B-1/OS/Clerk/M. Kr (Loose) dated 22.03.2016 (Annexure A/6) communicated to regarding the decision of department that he is not a fit person to be retained in service and invited his representation regarding the above proposed penalty.

7. That the applicant again represented to SPOs Sasaram on 04.04.2016 in compliance to his letter of dated 22.03.2016 and requested to SPOs Sasaram to allow the applicant to continue on his post till