- (1.) 1. This writ application is directed against a judgment and order dated 9.2.99 passed by the Calcutta Bench of the Central Administrative Tribunal in T.A. No. 109 of 1996 whereby and whereunder the application filed by the respondent No. 1 herein praying for setting aside an order of dismissal dated 3.7.78 was allowed. "The respondent No.1, at the relevant point of time, was serving as Sub-Postmaster in Pathuriaghata Sub-Post Office. A complaint was lodged against him before the concerned authorities on 15.7.76 alleging that he and one Satya Saran Bhattacharya had misappropriated a sum of Rs. 500 from the savings bank account of one Smt. Rama Chatterji, and the said person had misappropriated a sum of Rs. 900/- which was deposited by one Sm.Janha Devi in her savings bank account No. 790610. On the basis of the said allegations, first information report was lodged and ultimately a chargesheet was filed in the criminal case. The respondent No. 1 was convicted under section 12013(l), 409 and 465 of the Indian Penal Code and was sentenced to pay a fine of Rs. 500/- in respect of criminal breach of trust and to rigorous imprisonment for 6 months and to pay a fine of Rs. 500/-, in default to suffer rigorous imprisonment for 3 months more.
(2.) The said respondent preferred an appeal before this court and in the said appeal, by an order dated 30.5.78 stay of realisation of fine imposed against the respondent was passed and the respondent was allowed to continue to remain on the same bail. It is admitted at the bar that the said appeal has since been dismissed. By reason of the aforementioned order dated 3.7.78, the respondent was dismissed from his services stating : "Whereas Shri Hrishikesh Chakraborty, Ex.SPM Pathuriaghata P.O. has been convicted on criminal charges under section 120-B, 409 & 469 IPC. And whereas it is considered that the conduct of Shri Hrishikesh Chakraborty Ex-SPM, Pathuriaghata P.O which has led to his conviction in such as to render his further retention in the public service undesirable. Now, therefore, the undersigned empowered under PCT Board Memo No. 111/27/70-Disc. 11 dated 9.6.70 to function as the disciplinary authority of the said Sri Hrishikesh Chakraborty, hereby dismisses service with effect from 3.7.78."
(3.) As against the said order, an application was filed before the Tribunal. Before the Tribunal below, a contention was raised that before passing an order in terms of Rule 19(1) of the Central Civil Services (Classification, Control and Appeal) Rules, it was obligatory on the part of the petitioner herein to grant an opportunity of making representation on the penalty proposed to be imposed before any order was made in cases falling thereunder. A perusal of the order passed by the Tribunal would show that it had allowed the application filed by the respondent No. 1 herein on the ground that prior to passing of the said order dated 3.7.78, no opportunity of being heard or making representation on the penalty imposed, had been afforded to the respondent No. 1 herein.;