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Judgment
Delay of 92 days is condoned under the circumstances
indicated in IA No.5645 of 2015. The matter is even heard on the
merits.
Appeal is directed against the order passed by a learned
Single Judge dated 2.7.2014 in CWJC No.21702 of 2011 and
CWJC No.10497 of 2011. Submission of the counsel for the
appellant is that the impugned order suffers from the vice that no
administrative order could have been passed freezing the accounts
of the family members by the Postal authorities and this aspect of
the matter was not properly considered by the learned Single Judge
which is a good ground for setting aside the order and interfering
with the said decision.
After having heard counsel for the appellant and learned
Additional Solicitor General for Union of India, who informs the
Court that the CBI after due investigation has filed charge sheet
against not only the employee but even the family members, then
the learned Single Judge has rightly held that the proper forum for
such relief could be the Court having jurisdiction on the matter.
The submission of the counsel that only on the basis of
allegations nobody should be held guilty is absolutely correct but
then the forum for giving a clean chit will be the criminal court
where charge sheet has been filed. The appellant is free to move
the said forum for passing any kind of order with regard to freezing
of the accounts. The court will be free to take a decision on its own
merit irrespective of whatever the learned Single judge may have
said in the impugned order.