Sri Dhanush v Vs Post Master General

A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT/ ORDER/ DIRECTION QUASHING THE ORDER DATED 11.07.2024 IN OA 170/370/2023 ANNEXURE-A PASSED BY THE CAT BENGALURU BENCH BENGALURU BY ALLOWING THE OA370/2023 AS PRAYED FOR WITH A FURTHER DIRECTION TO THE RESPONDENTS TO REINSTATE THE PETITIONER FORTHWITH BY RESTORING HIM TO THE POSITION HELD BY HIM AS ON THE DATE OF ISSUANCE OF THE PUT OFF DUTY ORDER BEARING NO.IP/F/2/DLGS DATED 13.04.2022 ANNEXURE-A3 IMPUGNED IN THE OA-170/370/2023 FILE BY THE PETITIONER.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO and HON'BLE MR JUSTICE S RACHAIAH

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

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The challenge in this petition is to an order dated 11.07.2024 passed by the Central Administrative Tribunal (for short ‘CAT’), Bangalore Bench, in O.A.No.170/00370/2023, whereby the Tribunal has dismissed the OA filed by the petitioner herein, by stating in paragraph No.14 as under:

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“14. For the reasons aforesaid, we find no merit in the OA. Resultantly, OA stands dismissed. However, Respondents are directed to conclude the departmental proceedings pursuant to the charge sheet issued against the applicant, as expeditiously as possible, in any event, within a period of

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four months from the date of receipt of certified copy of the order.

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Nor order as to costs.”

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The challenge of the petitioner before the Tribunal was to the impugned memorandums dated 13.04.2022 and 15.02.2023, by which the petitioner has put-off-duty with immediate effect and the appeal thereof was rejected. In effect, the put-off-duty is akin to suspension.

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When the petitioner filed the O.A. before the Tribunal in the year 2023, no departmental charge sheet had been issued to him. His primary grievance was that, the respondents cannot keep him under put-off-duty for an indefinite period.

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During the pendency of the O.A., the respondents on 10.04.2024 have issued a charge sheet to the petitioner. It appears that, because of the issuance of the charge sheet, the Tribunal without interfering with the order of put-off-duty directed for conclusion of the departmental proceedings within a period of four months from the date of the order.

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On 02.09.2024, this Court, while issuing notice to the respondents, on a submission made by Mr.Kulkarni, learned counsel for the petitioner, that the charge sheet had been

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issued by the disci plinary authority, who was a material witness in the enquiry had stayed the direction of the Tribunal to complete the proceedings.

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It was the contention of Mr.Kulkarni that the Ad-hoc Disciplinary Authority must apply its mind afresh on the charges and decide whether a charge sheet need to be issued to the petitioner herein at all.

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Today, Mr.ShanthiBhushan, learned DSGI, would state that, if permission is granted, the respondents shall conclude the disciplinary proceedings within three months from today. He also states that, the plea of Mr.Kulkarni that the adhoc disciplinary authority must apply its mind afresh on the issuance of the charge sheet shall also be acted upon in as much as the Ad-hoc Disciplinary Authority shall apply its mind, as to whether any misconduct is made out on the part of the petitioner and if such a decision is in the affirmative, a fresh charge sheet shall be issued to him.

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During the course of hearing, Mr.Kulkarni would also state that, the petitioner having been suspended in the year 2022, is being paid subsistence allowance at the rate of 63% of his full wages, which he draws in normal course. He

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further states that, the last review of the subsistence allowance was made in the year 2023 and not thereafter.

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Though Mr.Bhushan, on instructions states that, the put-off-duty is being reviewed from time to time under the Rules, the competent authority shall also consider the increase in the subsistence allowance, if any, by taking into consideration the position under the relevant instructions and also the reasons for which the petitioner was put off the duty and pass a detailed and speaking order in that regard.

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If that be so, we dispose of this writ petition by directing the Ad-hoc Disciplinary Authority to apply its mind to the alleged misdemeanor on the part of the petitioner, for which a charge sheet has been issued and take a decision as to whether any charge sheet needs to be issued. If decision is in the affirmative, authority shall be within its right to issue a charge sheet to the petitioner and then proceed in accordance with the law.

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The authority shall also consider the request made by the petitioner through Mr.Kulkarni for enhancement of the subsistence allowance over and above what is being paid to the petitioner as of now and take a decision. If the decision is in

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the affirmative, the petitioner shall be paid subsistence allowance in terms of the decision thereof.

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The aforesaid action shall be taken by the disciplinary authority within a period of three months from today.

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We make it clear that, if the decision of the Disciplinary Authority is for issuance of charge sheet, a fresh charge sheet shall be issued and the Adhoc Disciplinary Authority shall complete the proceedings within a period of three months thereafter.

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In view of the above, the writ petition is disposed

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of.

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It is made clear that the Disciplinary Authority shall not state that, it shall not consider the enhancement of subsistence allowance merely because the Rules doesn’t contemplate so.

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We make it clear that, if the petitioner is aggrieved by any order passed by the Adhoc Disciplinary Authority for not enhancing the subsistence allowance, liberty shall be with the petitioner to seek such remedy as available in accordance with law.

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