IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF FEBRUARY, 2021

PRESENT

THE HON’BLE MR. JUSTICE B. VEERAPPA

AND

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

WRIT PETITION NO.38953/2016 (S-CAT)

BETWEEN:

1.

UNION OF INDIA

BY SECRETARY,

DEPARTMENT OF POSTS,

DAK BHAVAN,

NEW DELHI-110 001.

2.

THE CHIEF POST MASTER GENERAL

KARNATAKA CIRCLE,

BENGALURU-560 001.

3.

THE SUPERINTENDENT

RMS ‘Q’ DIVISION,

BENGALURU-560 026.

...PETITIONERS

(BY SRI B. PRAMOD, CGC)

AND:

D. RAMACHANDRA

S/O DASAPPA,

AGED ABOUT 54 YEARS,

2

EX SORTING ASSISTANT,

11^TH WARD, III SUB CROSS,

BUS LINGESHWARA ROAD,

MADAN NILAYA, APMC ROAD, ARSIKERE

HASSAN DISTRICT-573 103.

…RESPONDENT

(RESPONDENT SERVED BUT UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH

ANNEXURE-A

ORDER

PASSED

BY

CENTRAL

ADMINISTRATIVE

TRIBUNAL,

BANGALORE

BENCH,

BANGALORE IN ORIGINAL APPLICATION NO.1481/2014

DATED 23.02.2016.

THIS WRIT PETITION COMING ON FOR HEARING THIS

DAY, B. VEERAPPA, J., MADE THE FOLLOWING:

ORDER

The Union has filed the present writ petition against

the order dated 23.2.2016 made in OA No.1481/2014 by

the Central Administrative Tribunal, Bengaluru Bench,

Bengaluru (for short `Tribunal’)) directing the present

petitioners to reinstate the respondent/applicant into

service, if he gives an undertaking to the effect that 50% of

his total salary, after income tax is taken out of it, will be

paid directly to the first wife and her children and he will

also remit back the DCRG obtained by him within the two

3

years and the installments and the quantum of it will leave

it to the good sense and discretion of the present petitioners

and indirectly set aside the order dated 22.10.2014 passed

by

the

Chief

Postmaster

General,

Karnataka

Circle,

Bangalore compulsorily retiring the applicant from service

with immediate effect.

2.

For the sake of convenience, the parties are

referred to as per their ranking in the original application

before the Tribunal.

3.

The applicant was working as Sorting Assistant in

the Postal Department. During the employment, on

19.8.2008, the department initiated proceedings against the

applicant. The applicant filed objections. An Enquiry Officer

was appointed. The Enquiry Officer after considering the

objections submitted his report dated 19.8.2008 holding

that Article-I of the charge was proved and Article –II of the

charge was partially proved. A copy of the enquiry report

was furnished to the applicant on 2.9.2008. The applicant

made a representation dated 15.8.97 to the Disciplinary

4

Authority. On 27.11.2008, the Disciplinary Authority

dropped the proceedings against the applicant. The

Revisional Authority issued a show cause notice dated

30.6.2010 stating that the Authority intends to revise the

order passed by the Disciplinary Authority and imposed

penalty of dismissal from service. Aggrieved by the said

order, the applicant filed OA No.448/2010 before the

Tribunal. The Tribunal quashed the order of dismissal

passed by the present petitioners by the order dated

19.7.2012. Aggrieved by the said order, the present

petitioners filed WP No.41533/2012. This Court by the

order dated 19.12.2013 disposed of the writ petitions and

directed the present petitioners to provide an opportunity to

the respondent – applicant to file explanation/reply within

eight weeks from the order and after considering the

objections filed by the respondent-applicant and after

hearing him, appropriate orders shall be passed by the

Revisional Authority in accordance with law.

5

4.

After remand, on 19.3.2014, respondent –

applicant submitted his representation and requested for

personal hearing. Accordingly, personal hearing was given

on 21.3.2014 as per his request along with his defence

assistant.