- (1.) BY this application, the applicant has challenged the judgment and order of the learned Tribunal dated 20th May, 2005, whereby the applicant's challenge against the order of punishment of reduction in rank has failed.
(2.) THE applicant, originally at the time of issuance of charge sheet, was holding the post of Sub -Divisional Inspector (P). He was charge sheeted on or about 15th February, 2002 on the ground of misconduct that while taking selection process for the purpose of Extra Departmental Delivery Agent, now re -designated as G.D.S. Mail Deliverer, he has selected certain candidates ignoring the claim of one Sukumar Patra who had obtained higher percentage of marks in Madhyamik Pariksha and thereby violated D.G. Posts Commn. No. 17 -366/91 -ED and Trg dated 12th March, 1993 and 17 -108/94 -ED and Trg. dated 14th December, 1994 and also 19 -11/97 -ED and Trg dated 27th November, 1997. By this selection he has shown lack of integrity and also acted in a manner unbecoming of a Government servant, thereby contravening Rules 3(1)(iii) of CCS (Conduct) Rules, 1964.
(3.) THE second charge is that during the period from 3rd June, 1996 to 15th June, 2000, the applicant has failed to comply with the directions of the then SSPOs, Howrah as recorded in Para 13(i) of I.R. dated 4th December, 1996 in his office for 1996 to ensure minimum fixed percentage of representation of Reserved Community in the matter of E.D. recruitment as per D.G. Posts No. 43 -117/80 -Pen dated 8th October, 1980 and No. 19 -11/97 -ED and Trg dated 27th November, 1997. The third charge of misconduct is that during the period from 3rd June, 1996 to 15th June, 2000 the applicant selected and appointed one Shri Ashok Kr. Sarkar as EDDA (now redesignated as GDS Mail Deliverer) ignoring the claim of one Shri Suprabhat Pandit who secured highest marks as per merit list by violating D.G. Posts instruction contained in Commn. No. 17 -366/91 -ED and Trg dated 12th March, 1993 and that of No. 19 -11/97 -ED and Trg dated 27th November, 1997.;