Hon'ble Dinesh Maheshwari, J. - (1.) BY way of this writ petition, the petitioners Union of India through the Secretary, Ministry of Communication and Information Technology, Department of Posts, the Chief Post Master General, Rajathan Circle, Jaipur, the Post Master General, Western Region, Jodhpur, and the Senior Post Master, Head Post Offices, Jodhpur Division, Jodhpur seek to question the order dated 25.05.2011 whereby the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ('the CAT' / 'the Tribunal') has allowed the original application (OA No.229/2009) filed by the applicant -respondent Shri U.R. Meena; and, while setting aside the impugned orders, has directed the present petitioners to give effect to the orders of ad hoc promotion of the applicant.
(2.) IN brief, the relevant facts and background aspects of the matter are as follows: The applicant -respondent was initially appointed on the post of Postal Assistant at Pali Head Office on 21.03.1976. After earning the promotions as per the avenues available, the applicant came into Higher Selection Grade -II ('HSG -II') on 15.02.2007. Thereafter, by an order dated 23.09.2008, as issued by the office of the petitioner No.2, the applicant -respondent was accorded ad hoc promotion to the cadre of Higher Selection Grade -I ('HSG -I') for 11 months from the date of assumption of charge or until further orders whichever be earlier; and he was ordered to be posted as Post Master, Sambhar Lake Head Office. The order stipulated, inter alia, that such ad hoc promotion will not bestow any right of regular absorption in the grade and will not be counted for seniority; and it was to be ensured that no disciplinary case was pending and no penalty was current against the official. Pursuant to the said order dated 23.09.2008, another order came to be issued from the office of the petitioner No.3 on 30.09.2008 that was essentially of reiteration of the terms of the order dated 23.09.2008. An event, however, took place after issuance of the order dated 23.09.2008 but before issuance of the order dated 30.09.2008 that a charge -sheet dated 29.09.2008 came to be issued against the applicant under Rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 ['the CCA Rules, 1965'] on the imputations that while working as Assistant Post Master (Savings Bank) and Incharge Deputy Post Master, Jodhpur, on 17.09.2008 at about 19:30 hours, he left the post office without finishing the work and without taking the permission from the competent officer; handed over the keys to the unauthorised Assistant Post Master; did not get the post office closed in his supervision; and thereby, acted against the Rules. The applicant was served with this charge -sheet on 30.09.2008.
(3.) THE applicant submitted a reply to the imputations aforesaid essentially stating that while working on 17.09.2008, for sudden illness due to change of season, he was required to rush to the hospital and got himself checked in Emergency at Mahatma Gandhi Hospital, Jodhpur. The applicant also submitted that he left only after handing over the keys to a person equal in rank and no loss occasioned thereby.;