Tuesday 27 August 2019

A VICTORY OVER FABRICATED CHARGE FRAME AGAINST THE POOR GDS BY THE MIGHTY DELEGATED POWER OF SOME POSTAL ADMINISTRATIONS BEFORE 8 YEARS, AND NOT RELUCTANT TO OPINE ,ALSO AN EXAMPLE FOR HUNDREDS OF VICTIMS(ENTIRE SECTION NOT COMING TO LIGHT) , STILL STRIVING IF TAKEN A KEEN LOOK IN THE COUNTRY .
17. Applying the above principles to the present case, the violation of the principle is quite apparent in this case as the respondent No. 4 to whom the applicant was alleged to have misbehaved, had decided to function as the 13 disciplinary authority against the applicant instead of referring the matter to the next higher authority for taking an appropriate decision in the matter. Here the disciplinary authority himself had complained of being misbehaved by the applicant, which was included as one of the charges. 18. As a result, we have no hesitation to allow the OA by quashing the charge-sheet dated 9.4.2008 (Annexure-A/1). As a consequence, the punishment order dated 30.8.2011 (A/8), order dated 27.6.2012 of the appellate authority (Annexure-A/11) and the order dated 22.5.2013 (A/13) of the revisionary authority are also set aside and quashed. The applicant is to be reinstated in his engagement as GDS with all consequential benefits including the TRCA for the period he was out of the engagement due to the order of dismissal. The respondents will be at liberty to initiate the proceedings against the applicant afresh in accordance with law. The OA is allowed accordingly with no order as to cost. (SWARUP KUMAR MISHRA) (GOKUL CHANDRA PATI) MEMBER (J) MEMBER (A) I.Nath

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