Reserved On 29^th January 2026 CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD *********

Original Application No. 837 of 2024 Allahabad this the 26^th day of February, 2026 Hon’ble Mr. Rajnish Kumar Rai, Member-J Hon’ble Ms. Manju Pandey, Member-A Vipin Yadav S/o Bhagwan Singh, R/o Nagla Badde, Post-Jaithra, Tehsil-Aliganj, District-Etah.

Applicant By Advocates: Shri B.P. Mishra,Shri Gaurav Gautam Vs.

1. Union of India through the Indian Post Secretary, Department of Post-

India, New Delhi.

2. Superintendent of Post Office-Hardoi Division Hardoi, District-Hardoi.

3. Assistant Superintendent of Post Office, Sandial, Sub Division, Sandila, District-Hardoi. Respondents By Advocate: Mr. Mahendra Prasad Mishra

O R D E R

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

Shri B.P. Mishra, counsel for the applicant and Shri Mahendra Prasad Mishra, counsel for the respondents are present and heard.

2. Through the instant O.A., the applicant has sought a direction to the respondents to appoint him under the Railway Service Rule.

Following relief(s) has sought through this O.A.: -

“(I) Issue a suitable order or direction, directing in the nature of certiorari quashing the impugned order dated 01/07/2024 (Annexure No. 1 to this Application) passed by respondent No. 3 Assistant Superintendent of Post Office, Sandial, Sub Division, Sandila, District-

Hardoi.

(II) Issue a suitable order or, direction to the respondent No. 3

Assistant Superintendent of Post Office, Sandial, Sub Division, Sandila,

District-Hardoi to allow the applicant to work on earlier post as Assistant

Branch Post Master (ABM) Branch Bhatauli, Hardoi, District Hardoi.

(III) Issue any other order and further order which this Hon’ble Court may deem fit and proper and in the circumstances of the case.

(IV) Award costs of the Original Application in favour of the applicant.”

3. Counsel for the applicant submitted that the applicant was selected for the post of Assistant Branch Post Master, Bhatauli B.O. (A/C Office Bahendar s.O.), Hardoi by the appointment letter dated 22.10.2022 issued in his favour. The applicant has joined the aforesaid post on 11.02.2023. Since the date of joining, he has regularly been working satisfactorily. However, vide order dated 01.07.2024, the respondent No. 3 has terminated the services of applicant with immediate effect. It is submitted by the applicant that the applicant along with 15 family members have been falsely implicated in a criminal case registered on 28.02.2016 in Case Crime No. 65 of 2016 U/Ss 147, 148, 149, 307, 452, 323, 504, 506 of I.P.C. at Police Station – Jaithra, District Etah. In pursuance of the aforesaid case, the charges have been framed against the accused persons and session trial has been started as a Session Trial No. 659/2016.

4. Counsel for the applicant submitted that the applicant was appointed on a substantive post and the respondent No. 3 without initiated any departmental inquiry, issued the termination order, which is in violation of Rules of Gramin Dak Sewa Sahayak (Conduct and Engagement) Rules, 2020. The work and conduct of the applicant during service period was satisfactory and there was no complaint against him. He further submitted that the impugned termination order is a non- speaking order and without assigning any reason. Any show cause notice or opportunity of hearing was not given to the applicant before passing the termination order. Counsel for the applicant also submitted that it is a settled law that without the final outcome of the criminal case against

any employee, the respondents cannot pass a harsh order like

termination.

4. Counsel for the respondents submitted that the applicant was selected for engagement as Assistant Branch Post Master, Bhatoli B.O. Account Office Behendar under Hardoi Division. During the formalities for engagement, the applicant has declared on 05.11.2022 that no F.I.R. was lodged against him. The provisional engagement order was issued by the engaging authority i.e. ASPOs Sandil