RESERVED ON 08.12.2025.

Central Administrative Tribunal Allahabad Bench, Allahabad ****

Original Application No. 330/01095 of 2023 This the 12 th Day of December, 2025.

Hon’ble Mr. Justice Om Prakash - VII, Member (J)

Hon’ble Mr. Mohan Pyare, Member (A)

Dheeraj Kumar Rai, aged about 32 years, son of Shri Bhrigunath Rai, resident of Sisotar, Police Station Sikandarpur, District Ballia …….Applicant By Advocate: Shri Anil Kumar Singh/J. Nayak/Shri M.K Upadhyay/Ms.

Karishma Singh/Shri Pankaj Kumar Rai Versus

1. Union of India through the Secretary, Ministry of Communication, Department of Posts, Government of India, Dak Bhawan, Sansad Marg, New Delhi.

2. Chief Post Master General, M.P Circle, Dak Bhawan, Hosangabad Road, Bhopal.

3. Post Master General, Jabalpur Division, Jabalpur. 4. Director Postal Services (HQ) M.P Circle, Bhopal.

5. Director Postal Services, Jabalpur Region, Jabalpur.

……Respondents By Advocate: Shri Vinod Kumar Pandey ORDER By Justice Om Prakash - VII, Member (J)

This Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 for the following relief(s):-

“8.1. This Hon’ble Tribunal may be pleased to quash the impugned orders dated 04.02.2021 and 01.11.2023 passed by respondent No. 5 and 3 and further direct the respondents to reinstate the applicant in service with all consequential benefits.

8.2 Any other relief, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case may be given in fravour of the applicant.

8.3 Award the costs of the original application in favour of the applicant”.

2. The brief facts of the case are that the applicant was appointed as Inspector (Posts) on 07.12.2015 in the Madhya Pradesh Postal Circle and joined his duties on 14.12.2015. His work was appreciated by his senior officers. Later, vide order dated 21.07.2017, he was sent on deputation to the Postal Directorate, New Delhi, for Capital CSI Project Work. A departmental enquiry was initiated against the applicant on the following charges:

(i) Charge I: He allegedly sent four obscene videos from his mobile number (7974515431) to a WhatsApp group created for monitoring M.P. Circle, thereby violating Rule 3(1)(iii) and

3(1)(xviii) of the CCS (Conduct) Rules, 1964.

(ii) Charge II: While working as Office Supervisor, Superintendent Rail Post Service, Jabalpur, he allegedly uploaded his own obscene/nude videos through Facebook Messenger, which was unbecoming of a government servant.

(iii) Charge III: He took one day emergency leave on 05.11.2020 (sanctioned up to 08.11.2020) but remained absent without authorization till 26.11.2020.

(iv) Charge IV: On 01.11.2020, he allegedly entered the National Sorting Hub, Jabalpur, smoked there and misused the mobile phone of one employee, Shri Saurabh Sharma, by making calls to the SSP Prayagraj Office, violating Rule 3(1)(iii) of the CCS (Conduct) Rules, 1964.

The Inquiry Officer, after examining the evidence, held that Charge No. 1 was not proved, while Charges II, III, and IV were proved. A dissent note was issued by the Disciplinary Authority on 12.11.2021 under Rule 15(2) of the CCS (CCA) Rules, 1965, directing the applicant to submit his reply within 15 days. The applicant submitted his detailed reply on 07.12.2021. Without properly considering the reply, the Disciplinary Authority removed the applicant from service vide order dated 04.02.2022. The applicant challenged the said order in O.A. No. 448/2022, which was disposed of on 12.07.2023 as premature, with a direction to exhaust the available departmental remedy. In compliance, the applicant submitted an appeal dated 10.07.2023. The Appellate Authority, vide order dated 01.11.2023, modified the penalty from removal from service to compulsory retirement. Aggrieved against the disciplinary and appellate orders, the applicant has filed the present Original Application.

3. Per contra, learned counsel for the respondents has filed counter affidavit in which they have stated that applica