Karan Singh vs Union Of India & Others

R. N. Singh, Member(J)

The applicant has filed the present OA praying therein for the following reliefs:-

"1. To direct the respondents to conclude the disciplinary proceedings against the applicant and issue final order by the competent authority within a period of 3 months from the date of the order or any other period as may be deemed fit and proper by the Hon'ble Tribunal failing which the disciplinary proceedings shall be deemed to be dropped.

In case in case the applicant is exonerated in the disciplinary proceedings in question or the disciplinary proceedings are dropped in view of the directions as per relief no.1 above, to direct the respondents to release and pay all his retiral dues to the applicant along with interest @ 12% p.a. w.e.f.1.7.2016 (the date when these retiral dues became due and payable as the applicant had retired on 30.06.2016;

In case the applicant is held guilty and penalized in the disciplinary proceedings in question, liberty may be given to the applicant to challenge the same;

To direct the respondents to consider the case of the applicant for grant of MACP-III on completion of 30 years of regular service in the grade in terms of the MACP Scheme and revise and re-fix the pay & pension of the applicant and pay the arrears of these dues along-with interest @ 12^% p.a. w.e.f. the date the MACP-III was due and payable on completion of 30 years of service.

To direct the respondents to grant the benefits of 7th C.P.C. to the applicant w.e.f.1.1.2016 and revise and re-fix the pay & pension of the applicant and pay the arrears of these dues along-with interest @ 12% p.a. w.e.f. the date they became due;

To direct the respondents to grant the benefits of Leave Encashment to the applicant and pay him the dues for the leaves to his credit as on the date of his retirement, along-with interest thereon @ 12% p.a. w.e.f.1.7.2016;

To award the Costs of this application;

To pass such other or further orders as this Hon'ble Tribunal may deem fit in the facts and circumstances of the case in interest of justice."

The grievances of the applicant is that while working as Postal Assistant under the Department of posts, a charge memo dated 19.09.2013 was issued by the Disciplinary Authority. The disciplinary proceedings have not been finalised despite lapse of around seven years. The applicant has retired on superannuation on 30.06.2016 as Postal Assistant from I.P.H.P.O.. Mew Delhi.

The learned counsel for the applicant submits that the Inquiry Officer vide his memo dated 07.11.2017 submitted his report. The S.S.P.O.s, New Delhi vide memo dated 22.12.2017 sent a copy of the Enquiry Report along-with a Disagreement Note giving his tentative views for disagreeing with the findings of the Inquiry Officer's report. The applicant is stated to have preferred a representation dated 17.01.2018 against the findings of Inquiry Officer and that the Disagreement Note and prayed for his exoneration from all the charges. The said representation submitted by the applicant is stated to have been submitted on 17.01.2018. Learned counsel for the applicant submits that no action has been taken by the authority concerned thereon his such representation till date.

Shri Pradeep Kumar, learned counsel for the applicant further submits that after filing of the present Original Application, the applicant is in receipt of the opinion of the Union Public Service Commission.

The applicant is yet to submit his representation on the advice of the UPSC received by him. Learned counsel for the applicant submits that the applicant shall submit his reply/representation on the advice of the UPSC within the stipulated time.

Issue notice. In spite of advance service, there is no representation on behalf of the respondents.

In the circumstances, Shri Gyanendra Singh, learned senior Central Govt. standing counsel, who is present in the Court is called upon in the matter. Accordingly, he accepts notice.

At this stage, learned counsel for the applicant submits that the respondents may be directed to take a final decision in the matter in a time bound manner on the grievances of the applicant.

We are of the considered view and in the facts and circumstances, if such request of the learned counsel for the applicant is accepted, no prejudice is likely to be caused to the respondents.

In view of the aforesaid, without going into the merit the OA is disposed of, with liberty to the applicant to submit his reply/representation on the advice of the UPSC within the time stipulated by the respondents and in case, the same is preferred by the applicant, respondents are directed to consider the matter, in accordance with relevant rules and instructions on the subject and to pass a final order as expeditiously as possible and in any case within three months of receipt of such reply/representation from the applicant.

It is further made clear that if the applicant remains aggrieved after the order of the respondents, the applicant shall be at liberty in accordance with law. The OA is disposed of in the aforesaid terms. No costs.