P. Premalatha vs Union Of India
2021 Latest Caselaw 8190 Ker

OP (CAT) 14/2021                   1/6

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  Present:
               THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                     THE HONOURABLE MR.JUSTICE K. BABU
    Wednesday,the 10th day of March 2021/19th Phalguna, 1942
                      OP (CAT) No.14/2021
(AGAINST ORDER DATED 10.02.2021 IN OA No.180/00466/2018 OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH)

     For information purpose only
PETITIONER/APPELLANT:

      P. PREMALATHA,,AGED 59 YEARS, W/O.MURALEEDHARAN NAIR,
      POSTAL ASSISTANT, ALUVA HEAD POST OFFICE,
      ALUVA 683 101, ERNAKULAM DISTRICT, RESIDING AT: "LATHA
      NIVAS", MANIKKAMANGALAM (P.O), PIN:683 574, MOB:9447818329

RESPONDENTS/RESPONDENTS:

1.     UNION OF INDIA,REPRESENTED BY THE SECRETARY TO
      THE GOVERNMENT OF INDIA, MINISTRY OF COMMUNICATIONS,
      (DEPARTMENT OF POSTS), NEW DELHI - 110 001.

2. THE DIRECTOR GENERAL OF POSTS,MINISTRY OF COMMUNICATIONS,
     (DEPARTMENT OF POSTS) NEW DELHI - 110 001.

3.     THE CHIEF POST MASTER GENERAL,
       KERALA CIRCLE, THIRUVANANTHAPURAM - 695 033.

4.     THE SENIOR SUPERINTENDENT OF POST OFFICES,
      ALUVA POSTAL DIVISION, ALUVA - 683 101.

5.     THE POST MASTER GENERAL,
      CENTRAL REGION, KOCHI - 682 020.

6.    SHRI.N.R.GIRI,AD-HOC DISCIPLINARY AUTHORITY AND
      SENIOR SUPERINTENDENT OF POST OFFICES,
      ERNAKULAM POSTAL DIVISION, KOCHI - 682 011.

7. SMT.DEVI P.VIJAYAN, INQUIRY OFFICER AND ASP,
   OFFICE OF THE SUPERINTENDENT, KERALA CIRCLE
   STAMP DEPOT, DEPARTMENT OF POSTS, KOCHI - 682 020.

     OP(CAT) praying inter alia that in the circumstances stated

in the affidavit filed along with the OP (CAT) the High Court

be pleased to stay the operation of Exhibit P1 provisionally
 OP (CAT) 14/2021               2/6


and subject to the final outcome of the OP(CAT).



    This petition again coming on for orders on 10.03.2021 upon

perusing the petition and the affidavit filed in support of OP

(CAT) and this court's order dated 01-03-2021 and upon hearing

the For  information
     arguments              purpose only
               of M/S. T.C.GOVINDASWAMY, KALA T.GOPI,

T.N.SREEKALA & B.NAMADEVA PRABHU, Advocates for the petitioner

and of SRI. P.VIJAYAKUMAR, Assistant Solicitor General of

India for the respondents 1 to 5, the court passed the

following:
           ALEXANDER THOMAS & K.BABU, JJ.
                ------------------------------------
               O.P (CAT) No.14 of 2021
            (Arising out of the order dated 10-02-2021
            in O.A No.466 of 2018 of CAT, Ekm Bench)
                 ------------------------------------
 For information purpose only
          Dated this the 10th day of March, 2021
                            ORDER

The learned Assistant Solicitor General of India

seeks short time to get instructions in the matter.

2. Sri.T.C.Govindaswamy, learned counsel

appearing for the petitioner would submit that, the view

point of the respondent Union Government has been

openly declared in Anx.A12 Office Memorandum

F.No.11012/9/2016-Estt.A-III dated 08-12-2017 issued

by the competent authority of the Union Government in

the Ministry of Personnel, Public Grievances and

Pensions (Department of Personnel & Training),

wherein in internal page No.3 thereof, it has been

clearly and unequivocally declared by the Union

Government that Anx.A11 amendment introducing Sub

Rule (24) to Rule 14 of the CCS (CCA) Rules with effect

from 02-06-2017 would also affect the cases which are O.P (CAT) No. 14/2021

pending as on the date and that in such cases the said

period of six months is to be computed from 02-06-2017 For ofinformation (date enforcement of purpose only Anx.A11. amendment

notification) etc. Further that the main point is

essentially question of law for which factual instructions

may not really be necessary and that it is for the

authorised advocate of the respondents to make

submissions on those aspects, etc.

3. However, we had directed on the last occasion

on 01-03-2021 that the respondents will furnish

instructions on the factual issue as to the reasons for

the long and inordinate delay in concluding the

disciplinary enquiry and judicial proceedings

commenced in pursuance of the impugned Anx.A1

Memo of Charges issued as early as on 23-01-2013 and

moreover now more than two years and about 10

months have been lapsed after introduction of the

impugned Anx.A11 amendment notification dated

02-06-2017, etc. The case is adjourned as last chance. O.P (CAT) No. 14/2021

List the case for orders/judgment at 10.15 a.m on

23-03-2021.

For information purpose only Hand over.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

                                          K.BABU, JUDGE
KAS




                           /true copy/          Sd/- ASSISTANT REGISTRAR
 KLHC010135932021             6/6

ANNEXURE A1: TRUE COPY OF CHARGE MEMO BEARING NO.F1-1/2011-12 DATED 23/01/2013, ISSUED BY THE 4TH RESPONDENT.

ANNEXURE A11: TRUE COPY OF NOTIFICATION ISSUED BY THE GOVERNMENT OF INDIA UNDER NO.GSR.548(E) DATED 02 JUNE 2017.

ANNEXURE A12: TRUE COPY OF DOPT OFFICE MEMORANDUM BEARING

For information purpose only F.NO.11012/09/2016-ESTT A-III DATED 08 DECEMBER 2017.

EXHIBIT P1: A TRUE COPY OF THE ORDER OF THE LEARNED CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 10TH FEBRUARY 2021 IN O.A.NO.180/00466/2018.