Kerala High Court
Razeena.S vs Union Of India on 8 April, 2025
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947
OP (CAT) NO. 32 OF 2025
AGAINST THE ORDER DATED 03.04.2025 IN O.A. NO.140 OF 2025 OF
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONER(S)/APPLICANT:
RAZEENA.S
AGED 54 YEARS
W/O LATE NIZAR, MTS, NOORNADU POST OFFICE,
NOORNADU (PO), ALAPUZHA DISTRICT,
RESIDING AT GAZAL ALINTE THEKKATHIL, MANKAMKUZHY (PO),
MAVELIKKARA, ALAPUZHA DISTRICT, PIN - 690558
BY ADVS.
B.BIPIN
M.V.THAMBAN
THARA THAMBAN
ARUN BOSE
JEENA A.V.
RESPONDENT(S)/RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY ( POSTS),
MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF POSTS,
DAK BHAWAN SANSAD MARG, NEW DELHI, PIN - 110001
2 THE DIRECTOR GENERAL (POSTS)
DEPARTMENT OF POSTS, DAK BHAWAN SANSAD MARG,
NEW DELHI, PIN - 110001
3 THE CHIEF POST MASTER GENERAL
OFFICE OF THE CHIEF POST MASTER GENERAL,
CENTRAL POSTAL CIRCLE, ERNAKULAM BENCH,, PIN - 695033
OP (CAT) NO. 32 OF 2025 -2-
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4 THE POST MASTER GENERAL,
CENTRAL REGION, MAVELI ROAD, GANDHI NAGAR,
ELAMKULAM, ERNAKULAM, PIN - 682020
5 SUPERINTENDENT OF POSTS,
MAVELIKKARA POSTAL DIVISION, MAVELIKKARA,
ALAPUZHA DISTRICT, PIN - 690101
6 INSPECTOR OF POSTS
OFFICE OF THE INSPECTOR POSTS,
MAVELIKKARA SOUTH SUB DIVISION,
MAVELIKKARA, ALAPUZHA DISTRICT, PIN - 690101
7 THE POSTMASTER,
NOORNADU POST OFFICE, NOORNADU (PO),
ALAPUZHA DISTRICT, PIN - 690504
BY ADV.:
SRI.C.DINESH, DSGI IN CHARGE
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (CAT) NO. 32 OF 2025 -3-
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JUDGMENT
AMIT RAWAL, J.
This Court, on 07.04.2025 had issued the notice.
2. The learned tribunal while rejecting the
interim prayer passed the following order:
"The applicant who is an MTS, engaged in a
Post office, applied for granting NOC for
travelling to Mecca, Saudi Arabia, to participate
in Umrah. She has been issued visa by the
Kingdom of Saudi Arabia to visit the Country
from 13.03.2025 to 13.04.2025. The permission
was declined by Annexure A-1 order which is
challenged in the present proceedings. The
applicant seeks an interim order of stay of
Annexures A-3 and A-4 and to direct the
respondents to reconsider the request of
appplicant to participate in Umrah on the basis
of Annexure A-2 visa.
On instructions, the learned ACGSC placed
before me a communication received by him
from the Superintendent of Post Office,
Mavelikara Division dated 28.03.2025. The
application of the applicant was forwarded to
concerned Post Master for verification of
records. Vigilance Clearance was not obtained
from Staff branch and Mails branch as two
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punishments imposed on applicant was in force.
It states that applicant was imposed with
punishment under Rule 16 of CCS (CCA) Rules
1965, of withholding one increment of pay for a
period of six months without cumulative effect,
by order dated 28.11.2024. In another
proceedings initiated against her, punishment
under Rule 16 of CCS (CCA) Rules 1965,
withholding one increment of pay for a period of
one year without cumulative effect was imposed
by order dated 31.12.2024.
As per the guidelines, one of the conditions to
be taken into consideration for granting NOC is
whether any disciplinary/vigilance case is
pending or contemplated against the concerned
person. It was submitted by the learned ACGSC
that currency of penalties was the reason for
not granting NOC.
In the above circumstances, I am not inclined to
grant stay of Annexures A-3 and A-4 as an
interim measure."
3. We are of the view that there is no
disciplinary proceedings pending against the petitioner,
who has already faced the punishment of withholding the
increment for a period of six(6) months without
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cumulative effect by order dated 28.11.2024 and for one
year without cumulative effect vide order dated
31.12.2024. But the learned tribunal has noticed that
No Objection Certificate (NOC) cannot be granted as the
disciplinary cases pending or contemplated. Once the
punishment has been opposed there cannot be any
pending or disciplinary proceedings. In this view of the
matter, considering the detailed order passed on
07.04.2025, we direct the respondents to issue NOC for
being abroad to participate in the Umrah, Kingdom of
Saudi Arabia immediately, by tomorrow, as the period of
VISA is going to expire on 29.04.2025. Impugned order
of the tribunal is set aside. O.P.(CAT) is allowed.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
vv
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APPENDIX OF OP (CAT) 32/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE APPLICATION DATED
11.03.2025 FILED BEFORE THE 5TH
RESPONDENT
ANNEXURE A2 TRUE COPY OF THE VISA ISSUED BY THE
KINDOM OF SAUDI ARABIA HAS ISSUED TO
THE APPLICANT FROM 13.03.2025 TO
13.04.2025
ANNEXURE A3 TRUE COPY OF THE COMMUNICATION NO.
B2/NOC DATED 21.03.2025 OF THE 5TH
RESPONDENT
ANNEXURE A4 TRUE COPY OF THE LETTER
NO.MSDD/LEAVE/MTS/MIS AT MAVELIKKARA
DATED 21.3.2025 OF THE 6TH RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE PROCEEDING NO.
B2/43/1 DT. 28.11.2024 OF THE 5TH
RESPONDENT
ANNEXURE A6 TRUE COPY OF THE PROCEEDING NO.
G/MAILS/MISC/ IV/3 DT. 31.12.2025 OF
THE 5TH RESPONDENT
EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION
NO.140/2025 ALONG WITH THE ANNEXURES
ON THE FILES OF THE HON'BLE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH DATED 25/2/2025
EXHIBIT P2 TRUE COPY OF THE ORDER DATED
03.04.2025 IN O.A.NO.140/2025 OF THE
HON'BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH
