KRISHNA CHANDRA NAYAK Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge by the Petitioner in the present petition is to an order dtd. 1/11/2011 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack (CAT) dismissing the Petitioner's O.A. No.255 of 2009, wherein he had challenged the order of dismissal from service.

(2.) The Petitioner was an Extra Departmental Post Master and was proceeded against under the EDA (Conduct and Service) Rules, 1964 on the charge of having defalcated amounts from a Savings Bank Account maintained with the Post Office, Bhimpur. Simultaneously, a G.R. Case No.44 of 1999 was registered against him in the Court of the Judicial Magistrate First Class (J.M.F.C.), Patrapur for the offence under Sec. 409, IPC.

(3.) Nearly two years after the dismissal from service, the criminal court by judgment dtd. 4/9/2001 acquitted the Petitioner and also observed that the prosecution of the Petitioner was malicious. After failing before the appellate authority, the Petitioner approached the CAT.