Central Administrative Tribunal - PatnaSidhewhwar Ram vs Postal on 21 January, 20211                                  OA 42/2021CENTRAL ADMINISTRATIVE TRIBUNAL\n                        PATNA BENCH, PATNA\n                               OA/050/0042/2021\n                                     /0042/2021\n\n\n                                        Date of Order :21.01.2021\n\n                                 COR AMHON'BLE MR. M.C.VERMA, ...... ....................JUDICIAL MEMBER\n  HON'BLE MR. SUNIL KUMAR SINHA, ADMINISTRATIVE MEMBER\n\n\nSidheshwar Ram, S/o Late DeoNandan Ram, resident of Village &\nP.O.-Samsher\n     Samsher Nagar, P.S.\n                    P.S.-Daudnagar,\n                         Daudnagar, District-District Aurangabad........... Applicant.-       By Advocate :ShriJ.K.Karn.\n\n                                      -Versus\n                                       Versus-1. The Union of India through Secretary cum D.G., Department of\n   Posts, DakBhawan, New Delhi\n                          Delhi-110001.110001.2. The chief Postmaster General, Bihar Circle, Patna\n                                               Patna-800001.3. The Director of Postal Services (Hq.), O/o Chief Postmaster\n   General, Bihar Circle, Patna\n                          Patna-800001.800001.4. The Superintendent of Post Offices, Aurangabad Division,\n   Aurangabad\n   Aurangabad-824101.......... Respondents.By Advocate :-Shri\n                      Shri Deepak Kumar.O R D E R [ ORAL]\n\n                   Per M.C.Verma, Member (Judl.)1.    Being aggrieved by non completion\n                             completion of disciplinary proceedings\n\ninitiated against him vide charge memorandum dated 18.05.2015, the\n\napplicant is before this Tribunal, in this second round of litigation with2                                  OA 42/2021prayer to quash the charge memorandum and to settle and pay his retiral\n\ndues.2.      The matter\n              tter is at notice stage hearing. Having received advance copy\n\nof OA, Shri Deepak Kumar Advocate has appeared for respondents.3.      Heard. Learned CounselShriJ.K.Karn\n                              ShriJ.K.Karn Advocate,\n                                           Advocate appearing for the\n\napplicant press\n          pressed the OA giving backdrops facts. He submits that\n\nrespondents\nrespondentsarbitrarily are not concluding the departmental proceedings\n\nand are withholding the retiral dues of the applicant. He explained that\n\ninstant OA is not the first one, relating to the issue and that previously\n\napplicant did prefer OA No. 1055/2019 and during hearing of said OA\n\nrespondents made statement at Bar that departmental proceeding against\n\nthe applicant would be concluded within 45 days\n                                           days.That acting upon the\n\nundertaking, the Bench of the Tribunal\n                              Tribunal, which was in Session at that time\n\ndisposed of the OA on 3/3/2020, with direction to the respondents to\n\nconclude the departmental proceeding within 45 days and also directed\n\nthat If in any case, departmental proceeding is not concluded in 45 days\n\nthan amount of withheld gratuity be release\n                                    released after taking\n                                                     king undertaking\n\nfrom the applicant. That in spite of above said order of the Tribunal, the\n\nrespondents are adopting evasive approach\n                                 approach,, and they neither have\n\nconcluded the proceedings nor are releasing\n                                  releas the amount of gratuity of the\n\napplicant though applicant has given written undertaking also.4.      Applicant's counsel concluded his submission stating that though\n\nthere is lethargic approach on the part of the respondents yet the\n\napplicant wish that they may be given some more time to dispose of the\n\ndepartmental proceeding so that no further legal complications may be3                                    OA 42/2021there in the matter, however, they may be directed to comply with the\n\norder qua release of gratuity of the applicant, after taking due undertaking\n\nfrom the applicant. Finally\n                     inally he urged that taking note of these submissions,,\n\nappropriate directions may be given to the respondents and the OA may\n\nbe disposed of. Learned counsel for the respondents requested to pass\n\nappropriate order.5.     Considered the submissions and have perused the pleadings and\n\nannexure attached to the OA minutely. It has been pleaded in the OA that\n\napplicant is a retired employee who has superannuated on 31.01.2017.\n\nThat applicant while was working as Postal Assistantat Goh SO under\n\nAurangabad Division, di\n                     disciplinary\n                        sciplinary proceedings was initiated against him\n\nand charge memorandum dated 18.05.2015, for alleged violation of Rule\n\n33 (7)(iii)(c)(e) of POSB Mannual Vol.Vol.-II as well Rule 3(i)(ii)(iii) & 2 of CCS\n\n(Conduct) Rules, 1964, having imputation that he have fac\n                                                      facilitated\n                                                          ilitated\n\nfraudulent withdrawal from NREGA SB account to the tune of Rs.\n\n15,35,376/\n15,35,376/- and has caused loss to the government was issued to him..\n\nThat applicant participated in the inquiry, upon conclusion of inquiry,,\n\nreport on 18.05.2015 was submitted by Inquiry Officer B.K. Pathak, show\n\ncause memo relating to inquiry report was issued to him and hegave reply\n\nin due time. That Disciplinary Authority did not pass any final order and on\n\n09.10.2018,contrary to legal norms appointed another IO, namely\n\nAbhinesh Kumar. That said second inquiry was started, applicant\n\nparticipated in this inquiry also and th\n                                      this Inquiry Officer did submit his\n\nreport,, which was provided to the applicant vide letter dated 10.10.2019.\n\nThat\n hat when this time also Disciplinary Authority did not take any final4                                    OA 42/2021decision\ndecision, applicant had already superannuated on 31.01.2017 and his\n\nretiral benefits\n        benefits, including\n                   ncluding gratuity were withheld on the pretext of\n\npendencyof the disciplinary proceeding,\n                            proceeding the applicant preferred OA\n\n1055/2019 and said OA was disposed of on 3/3/2020, with direction to the\n\nrespondents to conclude the departmental proceeding within 45 days and\n\nalso directed that If in any case, departmental proceeding is not concluded\n\nin 45 days than amount of withheld gratuity be released after taking\n\nundertaking from the applicant. That said period has already expired but\n\nrespondents has not concluded the departmental proceeding nor is\n\nreleasing the amount of gratuity though applicant has given the required\n\nundertaking and therefore is the OA.6.    Concluding\n              ng Para of Order dated 03/03/2020 passed in OA No.\n\n1055/2019\n1055/2019reads as under:-"Learned counsel for the respondents submits that within 45 days,\n      the pending disciplinary enquiry against the applicant will be\n      concluded.In view of the statement made on behalf of the counsel for\n      respondents, we dispose of this OA with a direction to the\n      respondents to conclude the pending disciplinary enquiry against\n      the applicant by following the principle of natural justice as also the\n                                                                          the\n      provision of rules with 45 days. Failure to it, consider the claim of\n      the applicant for release of withheld gratuity by undertaking from\n      the applicant.In view of the above direction, the OA is disposed of."7.    The conduct of the respondents,\n                         respondents particularly of Disciplinary\n\nAuthority is depri\n             depricatable\n                   catable but showing gracewhen\n                                       grace     applicant himself is\n\nrequesting to give further time to the respondents to conclude the\n\ndepartmental proceeding and to release his gratuity amount after taking\n\nundertaking from him, we think it would be appropriate and justifiable to5                                   OA 42/2021dispose of this OA with direction to the respondents to release the\n\namount of gratuity of the applicant within three weeks from the date of\n\nreceipt of copy of this order , on the basis of already given undertaking by\n\nthe applicant and in case if no such undertaking is there or in case if the\n\nrespondents are of view that the already given undertaking is not\n\nsatisfactory, they may prepare necessary draft undertaking and would\n\nsupplyy the draft undertakingto\n                             to the applicant\n                                    appli     for execution within a week\n\nfrom the date of receipt of copy of this order and applicant thereafter\n\nwithin one week, after execution would submit the undertaking. Ordered\n\naccordingly. The Disciplinary Authority shall also take final decision, qua\n\ndepartmental proceeding expeditiously and latest within thirty days from\n\nthe date of receipt of this order.8.      With aforesaid directions, the OA is disposed of.[ Sunil Kumar Sinha ]                                   [ M.C. Verma ]\n   Member (A)                                             Member (J)\n\npkl/-