Kerala High Court
Union Of India vs Manojkumar Ips on 15 July, 2021
OP (CAT) No.308/2019 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Thursday, the 15th day of July 2021 / 24th Ashadha, 1943
I.A.NO.1/2021 IN OP (CAT) NO. 308 OF 2019
(AGAINST THE ORDER IN M.A.NO.573/2019 IN O.A NO.952 OF 2018 DATED 09/08/2019 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH)
PETITIONERS/PETITIONERS
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY, (DEPARTMENT OF
POSTS), DAK BHAVAN, SANSAD MARG, NEW DELHI - 110 001.
2. ASST. DIRECTOR GENERAL (VIG-II), MINISTRY OF COMMUNICATIONS AND IT,
DEPARTMENT OF POSTS, DAK BHAVAN, SANSAD MARG, NEW DELHI - 110 016.
3. THE CHIEF POST MASTER GENERAL, BIHAR CIRCLE, PATNA, BIHAR - 800 001.
4. THE CHIEF POST MASTER GENERAL AND INQUIRY AUTHORITY, PUNJAB CIRCLE,
CHANDIGARH - 160 017.
RESPONDENT/RESPONDENT:
MANOJKUMAR IPoS,
AGED 43 YEARS,
S/O. LATE BASUDEO UPADHYAY,
DIRECTOR OF POSTAL SERVICES,
NORTHERN REGION,
KOZHIKODE - 673 011,
RESIDING AT DPS QUARTERS,
WEST HILL P.O. COMPLEX,
KOZHIKODE - 673 005.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time for
complying with the order dated 02.11.2020 by another six months from the
date of disposal of this I.A.
This Application coming on for orders on 15/07/2021 upon perusing
the application and the affidavit filed in support thereof, and this
Court's judgment dated 03/03/2020 and this court's order dated 2/11/2020
in I.A.No.1/2020 in OP(CAT)308/2019 and upon hearing the arguments of
SRI.P.VIJAYAKUMAR, ASSISTANT SOLICITOR GENERAL OF INDIA, for the
petitioners and of SRI.M.A.SHAFIK, Advocate for the respondent, the court
passed the following:
OP (CAT) No.308/2019 2/4
ANNEXURES A1(a) to Annexure A1(f) in I.A.1/2021 in OP(CAT)308/2019
Annexure A1(a): True copy of the daily order sheet No.24 dated 01.12.2020
Annexure A1(b):True copy of the daily order sheet No.25 dated 15.12.2020.
Annexure A1(c): True copy of the daily order sheet No.26 dated 21.12.2020
Annexure A1(d): True copy of the daily order sheet No.27 dated 28.12.2020
Annexure A1(e): True copy of the daily order sheet No.28 dated 12.01.2021.
Annexure A1(f): True copy of the daily order sheet No.29 dated 18.01.2021
OP (CAT) No.308/2019 3/4
K. VINOD CHANDRAN, J.
&
P.V. KUNHIKRISHNAN, J.
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I.A.No.1 of 2021
in
OP (CAT) No.308 of 2019
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Dated this the 15th day of July, 2021
ORDER
K. VINOD CHANDRAN, J.
The learned ASGI, on instructions, submits
that the Inquiry Officer appointed expired on 30.04.2021.
It is also submitted on the basis of Annexures A1(a) to
A1(f), that the delinquent employee has not co-operated.
2. We see from an order of the Tribunal,
made in the subsequent Original Application
No.180/00090/2021, that even the Tribunal noticed that
the delinquent employee has unnecessarily delayed the
proceedings by filing bias petitions one after another. We
are totally disappointed by the conduct of the delinquent
officer.
3. In the totality of circumstances, we grant
the petitioners further six months time from today. It is
OP (CAT) No.308/2019 4/4
I.A. No.1 of 2021
in
also submitted by the learned ASGI that the respondent is
being given provisional transfer to Bihar, his home State,
so that he can participate on a day-to-day basis. If there
is any wilful non co-operation on the part of the
respondent, the Inquiry Officer shall record reasons, set
the delinquent ex-parte, proceed with the inquiry and
close the proceedings by filing a report with the
appropriate authority.
With the above observations, we allow the
application.
Sd/-
K. VINOD CHANDRAN, JUDGE.
Sd/-
P.V. KUNHIKRISHNAN, JUDGE.
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15-07-2021 /True Copy/ Assistant Registrar
