IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF JULY 2025 PRESENT THE HON'BLE MR. JUSTICE S. G. PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.13796/2023 (S-CAT)

BETWEEN SRI B.K. HARISH AGE 33 YEARS S/O SRI B.V. KRISHNAPPA GRAMIN DAK SEVAK/

MAIL DELIVERY (GDS/MD)

MALUR SUB-OFFICE MALUR- 563130 KOLAR POSTAL DIVISION, KOLAR.

... PETITIONER (BY SRI. P.A. KULKARNI, ADV.)

AND

1. CHIEF POST MASTER GENERAL KARNATAKA CIRCLE PALACE ROAD BENGALURU- 560 001.

2. POST MASTER GENERAL AND REVISIONARY AUTHORITY S.K. REGION, PALACE ROAD BENGALURU- 560 001.

3. DIRECTOR OF POSTAL SERVICES AND APPELLATE AUTHORITY OFFICE OF POST MASTER GENERAL S.K. REGION, PALACE ROAD BENGALURU – 560001.

4. SENIOR SUPERINTENDENT OF POST OFFICES AND DISCIPLINARY AUTHORITY KOLAR DIVISION KOLAR – 563 101.

5. ASSISTANT SUPERINTENDENT OF POST OFFICES KOLAR SUB-DIVISION KOLAR – 563 101.

…RESPONDENTS (BY SRI RAMA BHAT K., ADV. FOR R1 TO R5)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT/ ORDER / DIRECTION QUASHING THE ORDER DATED 02.06.2023 IN OA-170/392/2021 ANNEXURE-A PASSED BY CAT BENGALURU BENCH BENGALURU BY ALLOWING THE OA NO.392/2021 AND ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER ON 16.06.2025 COMING ON THIS DAY, S.G.PANDIT J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE T.M.NADAF

CAV ORDER

(PER: HON'BLE MR JUSTICE S.G.PANDIT)

The petitioner, a dismissed Gramin Dak Sevak (MC) (for short “GDS”) is before this Court under Article 226 of the Constitution of India, aggrieved by the order dated 02.06.2023 in O.A.No.170/00392/2021 passed by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru (for short “Tribunal”), dismissing petitioner’s challenge to the order of penalty of removal dated 12.11.2020 (Annexure-A11) and consequential appellate and revisional orders.

2. The brief facts of the case are that:

The petitioner, while working as GDS at Vemgal Sub-Office, Kolar Sub-Division, Kolar, was issued with Articles of charge dated 05.03.2020 (Annexure-A2) alleging that e-Money Orders are paid in the name of deceased payees. It was the specific allegation that social security pensions which were received through e-Money Orders were paid though the petitioner had the knowledge of death of such persons. The petitioner submitted his reply to the charge memo on 25.04.2020 (Annexure-A3) expressing his regret and stated that the mistakes that happened at Baliganahalli are not intentional and happened beyond his reach and also stated that he would not repeat such mistakes. Thereafter, Enquiry Officer was appointed to enquire into the charges. Before the Enquiry Officer, the petitioner submitted Annexure- A4/letter dated 18.08.2020 wherein also he has stated that the mistakes that happened are unintentional and happened beyond his reach. The Enquiry Officer submitted his report dated 15.10.2020 holding that the charges are proved against the petitioner, based on his admission letter. Based on the enquiry report, the disciplinary authority under impugned order at Annexure-A11 dated 12.11.2020 imposed punishment of removal from engagement as Dak Sevak. Aggrieved by the same, the petitioner has filed an appeal before the Appellate Authority/Director of Postal Services, South Karnataka Region. The Appellate Authority by its order dated 18.01.2021 rejected the appeal. Further, the petitioner has filed revision before the Post Master General, South Karnataka Region. The revisional authority, by its order dated 09.07.2021 rejected the revision, confirming the order of the disciplinary authority as well as appellate authority. Aggrieved by the orders passed by the disciplinary authority, appellate authority and revisional authority, the petitioner was before the Tribunal in the above stated application. The Tribunal also rejected the application holding that, since the charges were admitted by t