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    Central Administrative Tribunal Ahmedabad Bench, Ahmedabad. OA No.169/2019 With MA No. 174/2019 This The 01 Day of May, 2019

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    Kishan Tilavat
    The document summarizes a Central Administrative Tribunal case regarding an applicant, Ashok Baranda, who was dismissed from government service for alleged misappropriation of funds but was later reinstated by court orders. It notes that while Baranda was reinstated in 2015, the respondents have not yet regulated his service period from 1998 to reinstatement. The tribunal allows delay condonation and directs respondents to decide on pending representations within 2 months and communicate the decision to the applicant.

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    Central Administrative Tribunal Ahmedabad Bench, Ahmedabad. OA No.169/2019 With MA No. 174/2019 This The 01 Day of May, 2019

    Uploaded by

    Kishan Tilavat
    58 views4 pages
    The document summarizes a Central Administrative Tribunal case regarding an applicant, Ashok Baranda, who was dismissed from government service for alleged misappropriation of funds but was later reinstated by court orders. It notes that while Baranda was reinstated in 2015, the respondents have not yet regulated his service period from 1998 to reinstatement. The tribunal allows delay condonation and directs respondents to decide on pending representations within 2 months and communicate the decision to the applicant.

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    The document summarizes a Central Administrative Tribunal case regarding an applicant, Ashok Baranda, who was dismissed from government service for alleged misappropriation of funds but was later reinstated by court orders. It notes that while Baranda was reinstated in 2015, the respondents have not yet regulated his service period from 1998 to reinstatement. The tribunal allows delay condonation and directs respondents to decide on pending representations within 2 months and communicate the decision to the applicant.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    58 views4 pages

    Central Administrative Tribunal Ahmedabad Bench, Ahmedabad. OA No.169/2019 With MA No. 174/2019 This The 01 Day of May, 2019

    Uploaded by

    Kishan Tilavat
    The document summarizes a Central Administrative Tribunal case regarding an applicant, Ashok Baranda, who was dismissed from government service for alleged misappropriation of funds but was later reinstated by court orders. It notes that while Baranda was reinstated in 2015, the respondents have not yet regulated his service period from 1998 to reinstatement. The tribunal allows delay condonation and directs respondents to decide on pending representations within 2 months and communicate the decision to the applicant.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    CENTRAL ADMINISTRATIVE TRIBUNAL

    AHMEDABAD BENCH, AHMEDABAD.

    OA No.169/2019 with MA No. 174/2019

    This the 01st day of May, 2019

    Shri Ashokbhai Navjibhai Baranda


    DOB 01.6.1965 , Age 54 years
    Son of Shri Navjibhai Vajaji Baranda
    Gramin Dak Sevak,
    Branch Postmaster, Bhanmer Branch Post Office,
    P.O. Takatuka – 383 246, District : Aravali
    Residing at : Dhansor, P.O. Takatuka 383 246.
    District. : Aravali…………………………………….. Applicant.

    (By Advocate : Shri A.D.Vankar )

    VERSUS

    1. Union of India,
    Notice to be served through
    Secretary to the Govt. of India
    Ministry of Communication and I.T.
    Department of Posts, Dak Bhavan, Sansad Marg,
    New Delhi 110 001.

    2. The Chief Postmaster General


    Gujarat Postal Circle,
    Khanpur, Ahmedabad 380 001.

    3. The Postmaster General


    Ahmedabad (HQ) Region,
    Speed Post Complex
    Shahibag, Ahmedabad.

    4. Superintendent of Post Offices


    Sabarkantha Division,
    Himatnagar 383 001. ………………………………………. Respondents
    -2- OA/169/2019
    CAT, Ahmedabad Bench

    O R D E R – ORAL

    Per : Hon’ble Shri M.C.Verma, Member (J)

    The backdrop facts, which has emerged from the records are that

    applicant, namely Shri A.N. Baranda, during the period from 26.7.1997 to

    21.4.1998 while was working as BPM, Dhansor B.O. in account allegedly

    made misappropriation of Govt. money, he was proceeded under Rule 8 of

    EDA (C&S) Rules, 1964 and after completion of the proceedings was

    dismissed from the Govt. service. Against order of dismissal from service he

    preferred an appeal which was also rejected and Revisional appeal too was

    rejected vide order dated 13.1.2003. Aggrieved by said Orders he preferred

    OA No.213/2003 and the Tribunal vide Order dated 28.11.2003 quashed and

    set aside the orders of Disciplinary and Appellate Authorities and directed to

    reinstate the applicant into service with immediate effect with full salary.

    Respondents preferred SCA No. 4700/2004 before Hon’ble High Court of

    Gujarat and Hon’ble High Court directed the Tribunal to reconsider the case of

    the applicant and after remand back Tribunal, vide its Order dated 04.12.2012

    directed the respondents to pass order imposing a penalty lesser than the

    penalty of Dismissal from the Government Service but respondent assailed

    said Order dated 04.12.2012 passed by the Tribunal in SCA No.8321/2013,


    -3- OA/169/2019
    CAT, Ahmedabad Bench

    which was rejected by Hon’ble High Court, vide order dated 09.09.2014 with

    direction to implement the order of the Tribunal within three months. Said

    order of Hon’ble High Court of Gujarat was challenged before Hon’ble

    Supreme Court vide SLP No. 8355/2015 but SLP was also dismissed on

    11.5.2015.

    2. In said factual matrix respondent passed order dated 22.06.2015,

    Annexure A-1 whereby applicant was reinstated in service and punishment of

    debarring from being considered for the recruitment cadre of MTS (GR D) was

    inflicted . It was also incorporated in said order dated 22.6.2015 that his service

    w. e. f. 22.04.1998 to till date of reinstatement will be regularised as per rules/

    instruction of the Government.

    3. The grievance of the applicant, as has been raised in instant OA is that

    already four years have been passed after 22.06.2015 but respondents have not

    taken any decision regarding regulating of his service. That he has made

    representations dated 06.7.2017 and 30.7.2018, copy of which is annexed as

    Annexure A-4 and Annexure A-5 of the OA, but the same are pending for

    consideration. The OA has been preferred along with MA No.174/2019

    condonation of delay.

    4. The matter is initial stage of notice. Heard. Having taken note of

    entirety, MA No. 174/2019 is allowed and delay in filing OA thus is condoned.


    -4- OA/169/2019
    CAT, Ahmedabad Bench

    At this stage, the learned counsel for applicant submits that applicant would be

    satisfied if direction is given to the respondents to decide pending

    representations of the applicant within stipulated time frame.

    5. Consider the submission. Respondents are directed to consider the

    representations of the applicant and to take decision thereon within a period of

    two months from the date of receipt of a copy of this order. Needless to say

    whatever decision has been taken by the respondents, the same shall be

    communicate to the applicant.

    6. With the above directions, the OA stands disposed of. No order as to

    costs.

    (M.C.Verma)
    Member (J)

    nk

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