Hemant Kumar Deshlahare vs Union Of India & Ors.

By Ramesh Singh Thakur, JM:-

Heard.

This Original Application has been filed against the inaction on behalf of the respondents whereby the respondent (Chief Post Master General, Chhattisgarh Circle, Raipur) has not decided the petition dated 05.10.2020 (Annexure A/6) which is still pending before the said authority.

From the pleadings the case of the applicant is that the applicant was appointed as Gramin Dak Sewak/Branch Post Master at Khairagarh in Mandla District on 22.01.2013. The applicant was placed on put off on 16.08.2018 with payment of 25% TRCA allowance. Later on the applicant was issued a charge memorandum dated 26.06.2019 alleging therein that he has committed financial irregularities. The disciplinary authority vide punishment order dated 24.12.2019 (Annexure A/2) imposed a punishment of withholding of next TRCA increment for a period of 3 years without cumulative effect. Respondent No.3 Director (Postal Services) Raipur acting himself as revisionary authority had issued a show cause notice on 11.06.2020 (Annexure A/4) whereby in exercise of alleged powers conferred to revisionary authority under Rule 19 of GDS (Control and Employment) Rules, 2020 proposed to revise the aforesaid punishment and to impose enhanced punishment of removal from engagement on the applicant. The applicant submitted a representation on 30.06.2020 to respondent No.2 Chief Post Master General Chhattisgarh Circle Raipur which was referred to respondent No.3. The respondent No.3 vide memorandum dated 10.09.2020 (Annexure A/5) imposed a enhanced punishment of removal from engagement. Aggrieved with the enhanced punishment the applicant submitted his petition dated 05.10.2020 to respondent No.2 wherein he had already accepted the allegation leveled in the charge sheet and explained the circumstances. The said petition is still pending with the respondent No.2.

At this stage learned counsel for the applicant submits that the applicant will be satisfied if the respondents are directed to decide his petition dated 05.10.2020 (Annexure A/6) in a time bound manner.

Learned counsel for the respondents submits that he has no objection if the Original Application is disposed of in above manner.

We have considered the matter and we are of the view that the natural justice will be met if the competent authority/Chief Post Master General, Chhattisgarh Circle, Raipur is directed to decide the applicant's petition dated 05.10.2020 (Annexure A/6) in a time bound manner.

Resultantly, the competent authority/respondent No.2 is directed to decide the applicant's petition dated 05.10.2020 (Annexure A/6), if not already decided, within a period of six weeks after receiving the copy of this order.

Needless to say that the respondents shall pass the reasoned and speaking order. Respondents shall also deal with all the contentions raised in Annexure A/6.

With these observations, this Original Application is disposed of at admission stage itself.

It is made clear that this Tribunal has not touched the merits of the case.