Financial upgradations do not change disciplinary authority; limited judicial review upholds dismissal for admitted forgery and misappropriation in disciplinary proceedings.

O R D E R

SUDHI RANJAN MISHRA, MEMBER (J):

1.Challenging the Chargesheet Dated 04.08.2015 (A/3) issued by Respondent No.4 beyond competency, illegal & arbitrary, punishment order passed thereon vide Memo dated 14.12.2018(A/21), and speaking order of DPS (HQ) BBSR dated 30.09.2019 (A/27) by denying the reasonable opportunity to cross examine the state witness effectively which is absolutely illegal and arbitrary action of the Respondents and also not sustainable in the eye of law and rules, in view of law laid down by the Hon'ble Apex court in the case of {Chittaranjan Choudhury v. State of Bihar, (1987) 2 SCC 104}. Hence the instant O.A. has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 with the following prayer(s):-

“8. (a) To set aside the Chargesheet No-F/4-1/14- 15/Disc dated 04.08.2015 under Annexure-A/3, so called Punishment & Appellate orders bearing Memo No-F/4- 1/14-15/Disc dated 14.12.2018 & Memo No-ST/51- 03/2019 dated 30.09.2019 under Annexure-A/21, A/27 respectively and also Annexure-A/29 and to quash the entire proceeding.

(b) And pass appropriate orders as may be deemed fit and proper in the facts and circumstances of the case with costs.”

2. Facts of the matter in brief are that Applicant Sri Sankarsan Singh was appointed provisionally as temporary Postal Assistant Bhograi Sub Post Office with effect from 22.05.1983 vide Superintendent of Post Offices, Balasore Division, (i.e Respondent No.4) Office Memo No. B/G-30 Ch-ll dated 10.05.1983. The Department of Post introduced TBOP Scheme for PA/SA Cadre in the year 1983 with a view to give career progression in these cadres. Accordingly, the name of the Applicant was approved for financial up-gradation under TBOP scheme w.e.f 22.05.1999 vide Respondent No.04's Office Memo No. B/G-133(A)/Ch-ll dated 12.10.1999 on completion of 16 years of qualifying service in Postal Assistant cadre. Again on introduction of Biennial Cadre Review (BCR in short) Scheme for PA/SA the Applicant was granted next financial upgrdation under BCR Scheme w.e.f 01.07.2009 (A/1) on completion of 26 years of service in PA cadre vide Respondent Office Memo No. B/G-185(A)/Sub dated 06.08 2009 (A/1). It is submitted that later on the MACP scheme was introduced with effect from 01.09.2008. Subsequently, the applicant got financial upgradation under MACP-II and MACP-III in accordance with recommendations of Screening Committee w.e.f. 01.09.2008 & 23.05.2013, which were communicated by the SPOs, Balasore vide Memo dated 24.05.2011& 14.08.2013 (A/2 series) respectively.

3. It is submitted that while the applicant was working as Postal Assistant at Jaleswar HO, Departmental Proceedings under Rule-14 of the CCS(CCA)Rules, 1965 were initiated against the applicant vide Memo dated 04.08.2015 (A/3). The applicant had submitted a representation on 15.02.2016 alleging bias against an earlier Inquiry Officer, Shri B.K. Singh, ASPO (HQ). His representation was considered by the Superintendent of Post Offices, Balasore Division (Respondent No.3) who vide order dated 11.04.2016 appointed Shri Dibakar Singh the then ASP In-charge of Balasore Sub Division as the Inquiry Officer. The 3rd sitting of inquiry was held on 04.07.2016 by the new I.O in which the Applicant was appraised of by the I.O about the articles of charge framed against him. However, Shri Dibakar Singh, ASPO was subsequently changed due to his transfer to another Circle and Shri Ajay Kumar Swain, the then ASPO In- charge of Baripada Central Sub Division was appointed as I.O. The I.O. has