H N DHARMAPPA vs D/o Post on 31 December 2018

1. Union of India represented by Secretary to Government, Department of Posts, Ministry of Communications & Information Technology, Dak Bhavan, Parliament Street, New Delhi – 110 001

2. The Chief Postmaster General, Karnataka Circle, Palace Road, Bangalore – 560 001

3. The Superintendent of Post Offices, Hassan Division, Hassan – 573 201

4. The Inspector Posts. Hassan Sub division Hassan – 573 201 ….Respondents (By Shri N. Amaresh, Counsel for the Respondents)

2 OA No.

ORDER (ORAL) DR. K.B. SURESH, MEMBER (J): Heard. This is a very unfortunate matter in which, against our better judgment, we are called upon to intervene even against the charge of misappropriation. Beyond the period mandated to it by the Hon’ble Apex Court, suspension was pending unnecessarily without a chargesheet being issued. Therefore, we had no other go other than to order his reinstatement to comply with the Hon’ble Supreme Court orders. Now the Department Representative submits that he had been already reinstated back in service but even today chargesheet is not issued. The chargesheet should have been issued much earlier to comply with the legal requirements. We are also bound to protect greater public interest, therefore, there will be a specific mandate to the respondents to issue a chargesheet, if they think that infraction had been committed, within the next two weeks. Applicant will be granted two weeks to reply to it. If the reply is not satisfactory, an Enquiry Officer will be appointed as immediately as possible and in any case within next one week from the above date and within another one week the department must commence the enquiry against the applicant. The applicant must be allowed a chance to avail of all opportunities to defend his case within the purview of law. If applicant makes unreasonable demands on this, the respondents can file a clarificatory application and seek further directions. Enquiry shall be completed within the next one month and within the next two weeks thereafter the competent authority shall pass appropriate orders.

3 OA No.

2. At this point of time, learned counsel for the applicant submits that 10 days’ time given for giving reply is not sufficient. It is not so. Already he had availed of more than 100 days from initial notice to him.

3. The OA is disposed off as above. No order as to costs. (C V SANKAR) (DR.K.B.SURESH) MEMBER (A) MEMBER (J) /ksk/ Annexures referred to by the applicant in OA No.170/01888/2018 Annexure A-1: Copy of Memo dated 04.09.2018 passed by 4th respondent Annexure A-2: Copy of Memo dated 14.09.2018 passed by 3rd respondent Annexure A-3: Copy of the representation dated 05.09.2018

4 OA No.

Annexure A-4: Copy of the translated copy of representation dated 05.09.2018 Annexure A-5: Copy of the order dated 30.11.2018 Annexure A-6: Copy of the judgment of Hon’ble Supreme Court in Civil Appeal No. 31761/2013 dated 16.02.2015 Annexures with reply statement Annexure R-1: Copy of the mail dated 30.08.2018 received by CPMG, Karnataka circle Annexure R-2: Copy of the statement of Smt Kantamma given before the SPOs, Hassan on 04.09.2018 Annexure R-3: Copy of the statement of Smt Lakshmamma given before the SPOs, Hassan on 04.09.2018 Annexure R-4: Copy of the statement of Shri Babu given before the SPOs, Hassan on 04.09.2018 Annexure R-5: Copy of the statement of Smt Jayamma given before the SPOs, Hassan on 04.09.2018 Annexure R-6: Copy of the statement of Shri Appanna given before the SPOs, Hassan on 04.09.2018 Annexure R-7: Copy of the statement of Shri H.N. Dharmappa, GDS MD, Hagare SO given before the SPOs, Hassan on 04.09.2018 Annexure R-8: Copy of the Memo dated 04.09.2018 issued to the applicant Annexure R-9: Copy of the Memo dated 14.09.2018 issued to the applicant Annexure R-10: Copy of the Memo dated 30.11.2018 Annexure R-11: Copy of the letter dated 12.12.2018 issued to the applicant Annexure R-12: Copy of the postal acknowledgement of the applicant Annexure R-13: Copy of the memo dated 22.12.2018 Annexure R-14: Copy of the Mahazar Report of H.V. Ramesh, Postal Inspector, Hassan Sub Division *******