CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH,PATNA Reserved on: 05.12.2025 Pronounced on: 12.12.2025 CORAM HON’BLE MR. JUSTICE NARENDRA KUMAR JOHARI, MEMBER (J)

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

Mantu Kumar (M), son of Sushil Yadav, resident of Village- Narayanpur, P.O.- Narayanpur via Mahishi, P.S.- Nauhatta, District- Saharsa, now dismissed from post of GDSMD, Gangora Bihara, B.O.

a/c Panchgachhia S.O., Saharsa Postal Division, Saharsa-852216.

……..Applicant.

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

1. The Union of India, through the Chief Post master General, Bihar Circle, G.P.O. Complex, Patna-800001.

2. The Postmaster General, East Region, Bhagalpur-812001.

3. The Director of Postal Services, East Region, Bhagalpur-812001.

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

5. The Inspector of Post, West Sub-Division, Saharsa-852201.

…….Respondents.

By Advocate(s) :- Shri T.N. Thakur, Sr. Standing Counsel O R D E R Per Kumar Rajesh Chandra, A.M.:- This OA has been filed by the applicant seeking the following relief:-

SURYAROOP D D i N g : it a C l = y I N si , g O ne = d "C b E y N S T U R R A Y L A A R D O M O IN P I K S A TR BI ATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=

20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc65bafc0b4758f5dd33, CN=

KABI S R U ea R s Y o A n R : I O a O te P s K t t A o B t I he accuracy and integrity of this document Location:

D Fo a x te it : P 2 D 02 F 5 R .1 e 2 a . d 1 e 2 r 1 V 7 e :1 rs 6 i : o 5 n 7 : + 2 0 0 5 2 “(a) The applicant humbly prays that dismissal order, i.e. Memo No.A-G Bihara BO/L dated 13.02.2023 (Annexure-A/6), Appellate order, i.e. Memo No. A-5/Saharsa/Appeal/Mantu Kumar/G. Bihara BO/2023 dated 28.12.2023 (Annexure-A/8) and Revisional order, i.e. Memo No. Vig/ER/RP/GDS/Mantu Kr/SHS/2024 dated 14.05.2024 (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 on 07.02.2014 to the post of GDSMD, Gangora Bihara, B.O. a/c Pachgachhia S.O. Saharsa Postal Division and he joined to the post of GDSBPM, Shyam BO on 08.02.2014 after due process of law.

(ii) While working as GDSMD, the applicant was served Memorandum of Charge dated 28.10.2018 (Annexure-A/1) in which it was stated that as per re-verification report dated 14.05.2018 his mark sheet of Class 10^thwas found to have not been issued from Bihar Sanskrit Shiksha Board (hereinafter referred to as Board), Patna. The said charges leveled against the applicant were denied by him. Enquiry report was served to the applicant vide Memo dated 09.11.2022 (Annexure-A/4) and the applicant was directed to submit his defense with 15 days. The applicant then submitted his representation against the Inquiry report on 28.11.2022 (Annexure-A/5) but the disciplinary authority without making any comment on the representation against Enquiry report, passed an order of dismissal on 13.02.2023 (Annexure-A/6) without any cogent reason.

(iii) The applicant then preferred an appeal against the dismissal order dated 13.03.2023 (Annexure - A/7) before the Director of Postal Services, East Region, Bhagalpur, but the appellate authority sat over the matter for several months. When no order was passed against his appeal he filed OA No. 923/2023 before this Tribunal. After hearing, the Tribunal passed an order dated 08.12.2023 directing the Appellate Authority to dispose of the appeal.

(iv) In pursuance of the aforesaid order of the Tribunal, the Appellate Authority then disposed of the appeal vide order dated 28.12.2023 (Annexure - A/8) wherein the appeal of the applicant was rejected and SURYAROOP D D i N g : it a C l = y I N si , g O ne = d "C b E y N S T U R R A Y L A A R D O M O IN P I K S A TR BI ATIVE TRIBUNAL, P