P3/Gujarat/Hon.Min/2016. Dated:4-4-2016
MEMORANDUM
FOR JUSTICE BY CAUSING PROMPT INVESTIGATION TO ENSURE SEGGREGATION OF TAINTED AND UNTAINTED INCUMBENTS OF POSTAL/SORTING ASSISTANTS, ACCEPT VERDICT OF HON. C.A.T. AHMEDABAD & OTHER TRIBUNALS WITHOUT APPEALING IN HIGH COURTS AND CONDITIONAL REINSTATEMENT IN JOB DURING PENDENCY OF INVESTIGATION CONSIDERING ACUTE & UNMANAGEABLE SHORTAGE OF STAFF IN DEPARTMENT OF POSTS.
Hon’ble Sir,
Namaskar. Respectful regards. Candidates were appointed in the PA/SA cadre in the Direct Recruitment Process for the year 2013-14 were taken on job after observing all pre-appointment formalities and Induction training. The process of Pre-appointment formalities was held in abeyance subsequently and therefore many of selected candidates have been waiting for their appointment. On receipt of some complaints regarding irregularities in the recruitment process, vigilance Investigation was conducted and finally the Chief Postmaster General was informed by the Director General vide letter No. A-34013/05/2014-DE (Chapter-II) dated 11.12.2015 that “ the competent authority has ordered to cancel the PA/SA Direct Recruitment Examination 2013-2014. Accordingly the CPMG Gujarat Circle had issued an order dated 23-12-2015 by which the result of examination for direct recruitment of PA/SA for the year 2013 &2014 have been cancelled and therefore services of all candidates were terminated by the concerned Divisional authorities. Obviously, all other candidates who were waiting for their appointment have also been informed of the above orders.
Aggrieved by said orders and resultant termination from service, they approached Hon. C.A.T. Ahmedabad and a verdict has been delivered by a common order dated 21st March 2016, with reference to cases of terminated employees. Hon. C.A.T. has quashed above said orders of the Director General dated 11.12.15 in so far as the same relates to Gujarat circle and also quashed orders dated 23.12.15 by which services of the employees were terminated by the Sr/Superintendents of different divisions in Gujarat Postal Circle.
The similar verdict has been given by Hon. C.A.T. Ahmedabad in its order dated 30th March 2016 in respect of cases of the candidates whose appointment was held in abeyance and who suffered similar injustice by orders of the Director General dated 11.12.15 and resultant orders of concerned Sr/Superintendents dated 23.12.15.
Hon. C.A.T. has further ordered to keep Select list in abeyance and directed respondent authorities to probe into the matter by thorough investigation in a fair and transparent manner to be undertaken by Vigilance Wing of the department or by any other suitable Investigating Agency within a period of 3 months and unearth the scam. It has also been ordered that: “depending upon the outcome of the probe, the respondents shall take appropriate decision relating to operation of the select list in the light of the decisions of Hon’ble Supreme Court in the case of Inderpreet Singh Kahlon v. State of Punjab (2006) 11 SCC 356 and Joginder Pal & Others (2014) 6 SCC 644. Hon. C.A.T. has clearly mentioned in the said order that it decline to grant the relief of reinstatement into service for the reason that there are specific allegations against 34 specified candidates in the complaint received by the P.G. Cell on 09-04-2014. None of the selected candidates pleads guilty. As such it is difficult to ascertain who are the 34 amongst the selected/appointed. The possibility that all the 34 or some amongst them have been already appointed cannot be overruled. Such tainted, unscrupulous candidates who are responsible for the present crisis deserve to be seriously dealt with in accordance with law. Hence, we hold that the applicants are not entitled for reinstatement into service till such time the respondents complete the exercise ordered hereinabove”.
Sir, it has become a very clear picture from above verdict that there is a list of 34 tainted candidates and it has to be ascertain as to who are they amongst selected/appointed. An investigation has to be carried out by the Vigilance Wing of the department or by any other suitable Investigation Agency within a period of 3 months to unearth the scam and identify tainted candidates. Future of innocent employees lies upon outcome of the said investigation. They are afraid that the department will till avoid investigation and challenge the decision of Hon. C.A.T. Ahmedabad in Hon. High Court. It will be very difficult, costly and shocking for poor and jobless candidates to deal cases in the higher judiciary forums. We understand that each department has its own policy and strategy to follow the legal advisories. At the same time we humbly pray your honour to consider to accept a verdict for conducting thorough investigation. Sir, your honour will also agree that it is very painful when hundreds of innocent incumbents are thrown away from job by a single stroke of pen only because of few tainted persons.
Sir, our basic concept of jurisprudence is that the 100 culprits may let go free but no innocent should be punished. Quite contrary to this concept, hundreds of innocents are suffering because of few tainted persons. Therefore we urge your honour to kindly accept verdict of Hon. C.A.T. Ahmedabad and please consider that candidates are coming from poor/middle class families and there will be huge expenditure of lacs of rupees from their pocket if they are compelled to face the case in the higher judiciary forum like HC.
We also urge to consider possibility for conditional reinstatement of these candodates in service as PA/SA even on outsourced basis subject to outcome of the investigation which may be conducted as per direction of Hon. C.A.T.
At present, DOP is facing problems of acute shortage of staff and slack working of finical in CBS offices and there are many news reports about chaos and agitation by customers. Conditional reinstatement or services at outsourced basis would definitely help in resolution of all problems due to shortage of staff in general and skilled young staffs in particular.
Thus, we repeat to narrate our humble urge with folded hands as under:
To accept verdict of Hon. C.A.T. Ahmedabad and cause investigation to segregate tainted and untainted candidates and impart justice to innocent incumbents.
To avoid challenge decision of Hon. C.A.T. in Hon. High Court considering as to what is wrong in complying with direction for conducting investigation and thereby obliging jobless innocent youth by savings of huge expenditures for facing court cases and payment of fees etc.
To take them on job conditionally, subject to outcome of investigation, or even on outsourced basis by taking any binding in writing from them.
With prayer for kind consideration,
Yours faithfully
Rashmin Purohit
Circle Secretary
All India Postal Employees Union Group 'C'
Gujarat Circle, Ahmedabad
rashminpurohit@rediffmail.com
To,
Shri. Ravishankar Prasad
Hon’ble Minister of Communication & IT
Govt of India, New Delhi 110 001
Email: mcitoffice@gov.in
Copy respectfully forwarded for kind and judicious consideration to:
Ms. Kaveri Banerjee
Secretary, ( Posts) & Chair Person Postal Service board
Dak Bhavan, Sansad Marg, New Delhi
Email: secretary-posts@indiapost.gov.in
Chief Postmaster General
Gujarat Circle, Ahmedabad 380 001
Email: cpmg_guj@indiapost.gov.in