(Open Court)

Central Administrative Tribunal Allahabad Bench, Allahabad ****

Original Application No.669 of 2024 This the 09^th Day of December, 2025.

Hon’ble Mr. Rajnish Kumar Rai, Member (J)

Hon’ble Mrs. Manju Pandey, Member (A)

Satish Srivastava, aged about 30 years, Son of Shri Ashok Kumar Srivastava, resident of Village and Post Padumbar Ram Rai, District -

Ghazipur. 275203.

….Applicant By Advocate: Mr. Ashok Kumar Shukla Versus

1. Union of India through the Secretary, Government of India, Ministry of Communication, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi-110001.

2. Director General, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi-110001

3. Director Postal Services, Varanasi Region, Varanasi.

4. Post Master General, Varanasi Region, Varanasi.

5. Superintendent of Post Offices, Ghazipur Division, Ghazipur.

…Respondents By Advocate: Mr. Shree Prakash Rai

ORDER

By Hon’ble Mr. Rajnish Kumar Rai, Member (J):

Learned counsel for both the parties are present and heard.

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-

“(i) This Hon'ble Tribunal may graciously be pleased to issue order or direction to quash the memo of charge sheet dated 15.06.2018 (Annexure No.A-1) issued by respondent No.5 and punishment order of removal from engagement dated 30.09.2023 by the same respondent No.5 (Annexure No.A-2) and appellate order dated 01.03.2024 passed by respondent No.3 (Annexure No.A-3).

(ii) This Hon'ble Tribunal may graciously be pleased to issue order or direction directing the respondents to reinstate in service to the applicant with full back wages and consequential benefits.

(iii) This Hon'ble Tribunal may graciously be pleased to issue order or direction to the respondents to return the amount Rs. 587000/- to the applicant which he has deposited/given to the respondents department under pressure.

(iv) This Hon'ble Tribunal may be pleased to issue order or direction which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case may be given in the favour of applicant.

(v) Any other relief, which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case may be given in favour of the applicants.

(vi) Award the costs of the original application in favour of the applicant. ”

3. Learned counsel for the applicant submitted that during the pendency of the Original Application, the respondent department has filed a short counter affidavit along with a letter dated 28.06.2024, whereby the punishment order dated 30.09.2023, pursuant to which the applicant was removed from engagement, has been withdrawn. It is further stated therein that the Inquiry Officer had proceeded on the basis of the order dated 18.07.2023 due to non listing of relevant documents in Annexure-III of charge sheet while framing charges. It has also been observed that the applicant, in his objection dated 15.04.2024, had raised the issue regarding non-supply of the relied-upon document (Annexure-3). Considering these aspects, the respondent department has, vide order dated 28.06.2024, directed the conduct of a de novo enquiry after withdrawing the punishment order dated 30.09.2023, and the enquiry is presently continuing. Learned counsel for the applicant further submitted that since the impugned orders dated 15.06.2018 and 30.09.2023 stand withdrawn and a de novo enquiry is underway, the amount deposited by the applicant i.e. Rs. 5,37,000/-, and subsequently Rs. 50,000/-, totalling Rs. 5,87,000/-, be refunded to him along with interest.

4. Learned counsel for the respondents submitted that the applicant has admitted his guilt and relied upon Annexure A-4 of the Original Application, namely the statement of the applicant dated 19.12.2017 regarding the embezzlement of Rs.2,17,200/-, which he has admitted. It was further submitted that the excess amount deposited has been retained so that, in the event any additional liability is found aga