Union Of India Thru Secretary ... vs Satpal Singh
2013 Latest Caselaw 185 Del

$~2
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                         Date of Decision : January 11, 2013

+                             W.P.(C) 1653/2011

       UNION OF INDIA THRU SECRETARY
       MINISTRY OF COMMUNICATION & ANR.                  ...Petitioner
                Represented by: Mr.P.P.Ralhan, Advocate.

                     versus

       SATPAL SINGH                                     ...Respondent
                Represented by: Mr.Arun Sukhija, Advocate.

       CORAM:
       HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
       HON'BLE MS. JUSTICE VEENA BIRBAL

PRADEEP NANDRAJOG, J. (Oral)

WP(C) No.1653/2011

1. The matter has to be remanded to the Central Administrative Tribunal for the reason the penalty of dismissal from service inflicted upon the petitioner has been opined by the Tribunal to be harsh and the matter has been remanded to the Disciplinary Authority to pass any punishment other than dismissal or removal from service. The Tribunal has noted that the respondent had served the department for 28 years and any penalty of dismissal or removal of service would deprive him of the pensionary benefits.

2. But the Tribunal has overlooked the fact that the existing 'Department of Posts, Gramin Dak Sevaks (Conduct and Employment) Rules, 2001' governing service of Graming Dak Sevaks, a post held by the respondent do not envisage any pension to be paid to Gramin Dak Sevaks. We find that the respondent was working as a Gramin Dak Sevak when the penalty was inflicted upon him.

3. Now, the underline ethos of the order passed by the Tribunal being incapable of being achieved, it would be in the fitness of things that the Tribunal reconsiders the matter with reference to the proportionality of the penalty which the respondent must suffer.

4. The petition stands disposed of quashing the impugned order dated December 09, 2010.

5. O.A. No.1070/2010 is restored for adjudication afresh by the Tribunal.

6. No costs.

CM No.3510/2011 Since the writ petition stands disposed of, instant application seeking ad-interim stay of the impugned order till disposal of the writ petition stands disposed of as infructuous.

(PRADEEP NANDRAJOG) JUDGE

(VEENA BIRBAL) JUDGE JANUARY 11, 2013 skb