PREM PRAKASH TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this O.A. the applicant seeks quashment of the charge-sheet dated 11.10.91 (Annex. A-1), the order imposing penalty dated 24.12.92 (Annex. A-2) and the Appellate Authority's order dated 4/7.3.2001. (Annex. A-3).

(2.) The relevant facts are these. The applicant while working as Postal Assistant, was holding the charge of the post of Sub-Post Master VKI area, road No. 9, Jaipur City. Vide order dated 19.9.2001 and Mr. Bhanwar Singh Nirwan, was posted in his place and the applicant was directed to hand over charge of the office of Sub-Post Master. When Shri Nirwan, went to take charge from the applicant on 20.9.91, he refused to hand over the charge to Shri Nirwan. The applicant was, therefore, placed under suspension vide order dated 20.9.91. The applicant refused to take a copy of the suspension memo.

(3.) IN the counter, the respondents' case is that the inquiry was conducted as per the procedure laid down in the rules. It is averred that the applicant had not submitted his reply to the charge-sheet within the prescribed period but the evidence was recorded in the presence of the applicant. It is pointed out that the applicant did not choose to appoint defence assistant and he conducted the case himself. It is stated that the applicant had inspected all the documents mentioned in his application and participated in the inquiry. It is the further case for the respondents that the request of the applicant for examining Smt. Sarita Singh, SSPO, was rejected by the INquiry Officer for valid reasons vide order dated 20.8.92 (Annex. R-2). It is stated that the applicant did not submit his written brief by 25.11.92 though he had been directed to do so by letter dated 14.10.92, issued by the INquiry Officer. It is pointed out that the INquiry Officer submitted his report on 25.11.92 and a copy of the inquiry report was sent to the applicant on 30.11.92, which was delivered to him on 3.12.92. It is stated that the applicant sent an application seeking extension of time of 10 days on 23.12.92, by posting a letter at Shastri Nagar, Head Post Office, which was received by the SSPO on 28.12.92, whereas the Disciplinary Authority had already imposed the penalty vide order dated 24.12,92.