- (1.) HEARD learned counsel for the parties and perused the record.
(2.) THE petitioner was appointed on the post of Postal Assistant by the Superintendent of Post Office, Basti Region Basti on 7.3.1977 and was posted as Postal Assistant at Saltaua Sub-Post Office. THEreafter, he was posted as Sub-Post Master there. He was put under suspension on 22.5.1992 by the Superintendent of Post Office, Basti Region Basti and was proceeded under Rule 14 of the Central Civil Services Rules, 1965. An FIR was also lodged against the petitioner. THE statement of imputation of misponduct/misbehaviour in support of articles of charges framed against the petitioner is as under : "(1) That the said Shri H.K. Upadhya was functioning as SPM Saltauwa during the period 2.6.1989 to 17.3.1992. Shri H.K. Upadhya got prepared forged withdrawal form having bogus signature of depositor dated 18.2.1992 in r/o Jinwa EDBO in A/C with Saltauwa SO SB A/C No,445003 withdraw the sum of Rs. 26,000/- from this a/c fraudulently without P.B. and knowledge of depositor. He himself filled in warrant of payment dated 18.2.1992 and sinned at prescribed place but did not pay the amount of W/D to depositor. THE enquiry of this W/D is not available in P.B. and depositor Shri Sheo Shanker r/o village Barahuwa PO Jinwa Basti in his W/Stt. dated 27.5.1992 denied to have withdrawn this amount and also disowned the signature. THE signatures of depositor also does not resemble with signatures available on specimen signature book. Shri Upadhya himself prepared LOT dated 18.2.1992 and even did not obtain the signature of SB B/A on LOT. on W/D form there is neither signature nor of Shri Upadhya SPM in token of having compared the signature of depositor available on W/D form with that specimen signature book. THE said Shri H.K. Upadhya is therefore, alleged to have flouted the provisions of Rules 33(2) (i)(iii), 33(5)(i) and 46(6)(1)(2)(3)(4) (5) of PO SB Han. Vol.X. (2) That the said Shri H.K. Upadhya was functioning as SPM Saltauwa during aforesaid period Shri Khadu r/o village & PO Saltauwa postior of Saltauwa SO S.B.A/C No. 444888 tendered the sum of Rs. 8000/- Eight thousand a/2 PB and pay-in-slip duly filled in to Shri H.K. Upadhya on 6.8.1991 to deposit in his aforesaid SB A/C. Shri H.K. Upadhya kept the amount deposit in his person and got made this entry of deposits in PB and SB ledge by Shri Ram Bhaj counter P/A Saltauwa & thereafter he singed the deposit in PB but did not cost balance in ledger himself also did not return the pay slip to counter P/A. At the close of counter hour when he prepared LOT dated 6.8.1991 himself he did mention this deposit in LOT and destroyed the pay in slip of this deposit and also did not a/c for this deposit money in S.O. A/C. THE total of amount of deposit shown in SB log book dated 6.8./91 maintained by Shri H.K. Upadhya does not agree with the total of amount of deposit shown in SB LOT dated 6.8.1991. THE LOT also does not contain the signature of counter P/A Saltauwa. THE said Shri H.K. Upadhya is therefore, alleged to have contravened the provision of Rules 10(1), 31(2) (ii) (b) and 46(6) (1)(2)(3)(4) of PO SB Man. Vol. (3) That the said Shri H.K. Upadhya was functioning as SPM Saltauwa during aforesaid period and as discussed above in Article of charge Nos. 1 and 2 above. He made fraudulent withdrawal from Jinwa BO SB A/C No. 445003 on 18.3.1992 for Rs. 26,000/- twenty six thousand only and further did not a/c for amt. of depositor for Rs. 8000/- tendered by depositor of SB A/C No. 444888 to him on 6.8.1991 to deposit in his a/c. Thus Shri H.K. Upadhya did not maintain absolute integrity & devotion to duty and acted in a manner which is unbecoming of Government servant. Sri H.K. Upadhya is therefore alleged to have contravened the provisions of Rules 3(1)(i)(ii) of CCS (Conduct) Rules, 1964." It appears that the petitioner had moved an application requesting for providing him the copies of the statements of the witnesses mentioned in the charge- sheet by the next date of enquiry. Though 7.8.1992 was fixed in the enquiry but the petitioner did not receive any information about the said date. Thereafter, he was transferred from Sub-Post Office Saltaua Basti to Head Post Office, Basti on 17.3.1992. The petitioner filed O.A. No. 876 of 1992 before the Central Administrative Tribunal against the order of transfer and suspension which was disposed of finally vide judgment and order dated 20.12.1992 by quashing the order of transfer. A second charge-sheet also appears to have been submitted against the petitioner on 16.10.1992 in which he again moved an application before the Enquiry Officer praying for supply of the documents demanded by him. However, the Enquiry Officer submitted ex parte enquiry report dated 3/5.7.1993. The petitioner also submitted representation on 20.7.1993. However, respondent No. 4, Superintendent of Post Office Basti Region, Basti vide his order dated 23.7.1993 dismissed the petitioner from service. Aggrieved by the aforesaid order dated 23.7.1993 the petitioner filed an appeal before the Director Postal Services Gorakhpur Region, Gorakhpur which was rejected by him vide order dated 4.12.1993. Revision filed by the petitioner against the order dated 4.12.1993 before the Member (P) Postal Services Board Dak Bhawan, New Delhi was also rejected vide order dated 14.2.1996. In the circumstances, O.A. No. 1003 of 1996, Hari Krishna Upadhyaya v. Union of India and 5 others was preferred by him before the Central Administrative Tribunal, Allahabad which was also dismissed vide judgment and order dated 19th April, 2002.
(3.) THE petitioner has challenged the impugned order dated 19.4.2002 passed by the Central Administrative Tribunal alongwith impugned orders dated 14.2.1996,4.12.1993 and 23.7.1993 passed by respondent Nos. 2, 3 and 4 respectively. It has also been prayed that a writ of mandamus be issued commanding the respondents to reinstate the petitioner in service and pay his salary. Learned counsel for the petitioner has assailed the impugned orders on the grounds that the enquiry proceedings have been concluded by the Enquiry Officer on two dates i.e. 17.4.1993 and 11.5.1993 at Saltaua Sub-Post Office which could not be attended by the petitioner for two reasons firstly because he was restrained by the Court from entering into the territory region of Saltaua Sub-Post Office and secondly because his continued illness. In this regard he has relied upon SRA-2 letters dated 6.4.1993, 17.4.1993 and 30.4.1993 appended with the supplementary rejoinder-affidavit. It appears from supplementary rejoinder affidavit-II i.e. letter dated 6.4.1993 that petitioner was directed to attend the enquiry at Saltauwa Sub-Post Office on 17.4.1993 for cross-examining the witnesses and that if the petitioner is absent in the enquiry for whatsoever reasons it would be construed an evasive attitude and non-cooperation in the enquiry which may be concluded ex parte. In reply to the aforesaid letter the petitioner vide his letters dated 17.4.1993 and 30.4.1993 informed the Enquiry Officer that he is not only ill but Hon. Mr. Justice S.K.Dhawan, Vice-Chairman, Central Administrative Tribunal, Allahabad also vide order dated 22.11.92 has restrained him from entering into the territory of Saltauwa Region. He also appended the copy of the aforesaid order for information to the Enquiry Officer and the authorities about this fact. Letters dated 17.4.93 and 30.4.93 read thus : JUDGEMENT_70_ADJ2_2012Image1.jpg JUDGEMENT_70_ADJ2_2012Image2.jpg JUDGEMENT_70_ADJ2_2012Image3.jpg ;