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Judgment
P.Madhavan, Judicial Member
This Original Application has been filed by the applicant seeking the following reliefs:
“ (i) To call for the records leading to Annexure A-1 to A-8 and to quash A-1 being illegal and arbitrary;
(ii)To declare that the applicant is not liable to be punished as per A-1 after A-6 was already implemented;
(iii)To quash A-2 charges as the same is issued on surmises and assumptions and not based on any facts and records;
(iv)To grant such other reliefs which this Hon'ble Tribunal may deem fit, proper and just, in the circumstances of the case;
(v)To award costs of this proceeding to the applicant. ”
The brief facts of the case are as follows: The applicant is presently working as the Head Postmaster of Ponani HSG I Head Post Office under office arrangement. While working so, on 20.10.2020, the ASP (HQ) Tirur Division under the direction of the 5th respondent has demanded a written statement of the applicant in connection with a theft of Battery connected to the Generator planted outside the rented building of Tirur Head Post Office in its outer premises during May 2017. The applicant was officiating as Postmaster at Tirur Head Post Office then. The applicant in his statement has stated that the case of rusted condition of the small door like part on Generator was already reported to the Divisional Superintendent who is responsible for the maintenance of all Generators in the Division so also that after the theft, it had become completely unlockable. Police authorities reported that it is not an isolated theft in the station and the locking system of the door of the Generator was evidently damaged by the burglars in all similar cases in and around the city by 20.5.2017. This was reported to the Superintendent in 2017 itself. He has been issued with a show casue notice and when he submitted his explanation, A-2 charges was issued. In spite of his written statement of defense and request for a regular inquiry, Annexure A-6 punishment was imposed of recovery of Rs.5000/-. The same was effected from the salary of January and February of 2021 onwards. Thereafter, his appeal was disposed of as per Annexure A-8 order specifically finding that the consideration of the case was not very proper and remitted back to the 5th respondent for consideration of the case from the stage of submission of his explanation. The 5th respondent has passed another punishment of withholding one increment due on 1.7.2021 in level 7 for a period of three months without cumulative effect. The applicant is aggrieved by 2 minor punishments imposed on him on alleged misconduct and hence he has approached this Tribunal praying for the aforementioned reliefs.
When the matter was taken up for consideration today, counsel for the respondents has filed an M.A for closing the Original Application stating that the Appellate Authority has considered the relief sought by the applicant and the earlier orders were set aside and a formal Departmental Inquiry is directed to be conducted in this case.
Counsel for the applicant Adv.Mr.Shafik M.A submits that he has no objection in directing a formal Inquiry and he only wants that it should be completed within a time frame. It is written in para 6 and 9 of M.A 240/2022 that the applicant has suppressed the pendency of Annexures A1 and A2 appeals before the Tribunal and without waiting for the disposal of the appeal, the applicant has preferred this O.A. But according to the counsel, copy of the appeal is already produced along with the Original Application as Annexure A-7 and there is no suppression of any fact in this case.
Counsel for the respondents Adv.Mr.N.Anilkumar,Sr.PCGC submits that he is ready to withdraw the said allegation in para 9 of the M.A.
In view of above submission, we are of the view that this Original Application can be disposed of at this stage with a direction to the Disciplinary Authority to complete the Disciplinary Proceedings within a period of 40 days from the date of receipt of a copy of this order. It is also clarified that no further extension of time will be granted to the respondents for completing the Disciplinary Proceedings. The applicant is also directed to co-operate with the Inquiry without any difficulty. Ordered accordingly.
The Original Application is disposed of as above. No costs.
List of Annexures
Annexure A1- True copy of the Memo No. Appeal/Deptl/1/2020-21 dated 09.07.2021 issued by the 5th respondent.
Annexure A2- True copy of the Memo No. F1/VII-I/2017-18 dated 11.12.2020 issued by the 5th respondent.
Annexure A3- True copy of the letter No. F1/VII-I/2017-18 dated 21.10.2020 issued by the 5th respondent.
Annexure A4- True copy of the representation dated 12.11.2020 submitted by the applicant.
Annexure A5- True copy of the representation dated 21.12.2020 submitted by the applicant.
Annexure A6- True copy of the Memo No. F1/VII-I/2017-18 dated 24.12.2020 issued by the 5th respondent.
Annexure A7- True copy of the Appeal dated 20.01.2021 submitted before the 4th respondent.
Annexure A8- True copy of the Memo No. STA/30-15/20-21 dated 01.06.2021 issued by the 4th respondent.
Annexure R1- True copy of the statement dated 20.10.2020 given by the applicant is produced herewith and marked as (with English Translation).
Annexure R2- True copy of the appeal dated 19.07.2021 preferred by the applicant.
Annexure R3- True copy of the memo no. STA/30-18/20-21 dated 28.07.2021.
Annexure R4- True copy of the email dated 30.07.2021.
Annexure R5- True copy of the letter No. F1/VII-I/2017-18 dated 03.08.2021.