Sunday, October 16, 2011

OA NO.343/2009 --oral --on 21- 09-2011

CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BANGALORE

ORIGINAL APPLICATION NO.343/2009

WEDNESDAY, DATED THIS THE 21ST DAY OF SEPTEMBER, 2011


HON'BLE SMT. LEENA MEHENDALE ...MEMBER(A)
HON'BLE SHRI V.AJAY KUMAR ...MEMBER(J)

Shri T.B.Shankar,
Aged about 50 years,
S/o late Patel Basave Gowda,
Ex Branch Post Master,
Thattekere BO,
Nagamangala Taluk. ...Applicant

(By Advocate Shri S.K.Mohiyuddin)

Vs.

1. Union of India,
through Secretary,
Department of Post,
Dak Bhavan,
New Delhi – 110 001.

2. The Superintendent of Post Offices,
Mandya Division,
Mandy – 571 401.

3. The Director of Postal Services,
S.K.Region,
Office of the Chief PMG,
Palace Road,
Bangalore – 560 001. ...Respondents

(By Additional Central Government Standing Counsel Shri N.Y.Guruprakash)

O R D E R (ORAL)

HON'BLE SMT. LEENA MEHENDALE ...MEMBER(A)


Heard the learned Counsel for applicant. None is present for the respondents. The short matter before us now is that the applicant was served with a charge memo of 17.3.2006. Inquiry was completed, article 1 and 4 of the charge has been held as proved while article 2 and 3 has been held as not proved by the Inquiry Officer. The Disciplinary Authority has imposed a punishment and the applicant has filed appeal against the same to the competent authority on 6.6.2008. As per the Rule and procedure prescribed under the Departmental Enquiry Manual, the appeal has to be disposed of within six months. We find that the Appellate Authority has not fulfilled this obligation. The learned Counsel for applicant submits that he will be satisfied if a direction is given to the Appellate Authority.

2. The submission of the learned Counsel is allowed. We direct Respondent-3 i.e., the Director of Postal Services, S.K.Region, Bangalore to dispose of the appeal within three months by passing a reasoned order. At the request of the learned Counsel, we also direct the Appellate Authority to give personal hearing to the applicant before disposing of the the appeal. The OA is thus disposed of. No order as to costs.


(V.AJAY KUMAR) (LEENA MEHENDALE)
MEMBER(J) MEMBER(A)

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