A.P. Bhattacharya, J. - (1.) Applicant, Sk. Sajahan Ali, filed a writ application in the Hon'ble High Court at Calcutta, which by operation of Sec. 29 of the Administrative Tribunals Act, 1985, came to this Tribunal, by way of transfer, for disposal.
(2.) The applicant was appointed as a Clerk under the Senior Superintendent of Post Offices, Howrah Division. Subsequently he was posted at Panchla Sub Post Office and there he was discharging the functions of the Sub Post Master. From there he was directed to join at Fort Gloster Sub Post Office as a Clerk. On 17.7.84 the Sr. Superintendent of Post Offices, Howrah, issued an order placing the applicant under suspension with immediate effect on the charge of defalcation of Rs. 1,04,300.00. It was contended that against him a departmental enquiry was under contemplation. The applicant states that at the same time a criminal case was started against him on the basis of a complaint lodged at Panchla Police Station. The applicant was arrested by the police and subsequently released on bail. It is his case that the allegation brought against him is wholly baseless. In filing the application the applicant has contended that he cannot be placed under suspension for an indefinite period and the respondent authorities have not yet concluded the disciplinary enquiry. In his application he has prayed for cancelling the order of suspension.
(3.) The application has been contested by the respondents. It is the main contention of the respondents that as the applicant had defalcated a huge sum of Government money, he was placed under suspension. Simultaneously a complaint was lodged at Panchla Police Station under sec. 409 of the I.P.C., on the basis of which the applicant was arrested. Subsequently, he was released on bail. It is the version of the respondents that the departmental enquiry against the applicant is still pending.;