IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 24556 of 2006(S) ---------------------------------------- OA.96/2004 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): ---------------------- 1. THE UNION OF INDIA REP BY THE SECRETARY, MINISTRY OF COMMUNICATIONS, DEPARTMENT OF POSTS, NEW DELHI. 2. THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE, TRIVANDRUM. 3. THE SUPERINTENDENT OF POST OFFICES, IDUKKI DIVISION, THODUPUZHA. 4. THE DIRECTOR OF POSTAL SERVICES, CENTRAL REGION, OFFICE OF THE POSTMASTER GENERAL, KOCHI-16. BY ADV. MR.P.J.PHILIP, C.G.C RESPONDENT(S): -------------------------- C.S. PRABHAKARAN, GDSBPM (UNDER REMOVAL) S/O.LATE SANKARAN, CHALACKAL HOUSE, MANGAPARAKARA, KONNATHADY P.O., IDUKKI DIST. BY ADV. MR.M.V.SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 24556/2006-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE OA.96/04 WITH ANNEXURES FILED BY THE RESPONDENT BEFORE THE CAT, ERNAKULAM. EXT.P2: COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER HEREIN IN OA.96/04 BEFORE THE CAT, ERNAKULAM. EXT.P3: COPY OF THE ORDER DATED 07/07/2006 PASSED BY THE CAT ERNAKULAM IN OA.96/04. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. = = = = = = = = = = = = = = = WP(C).No.24556 of 2006-S. = = = = = = = = = = = = = = = Dated this the 16th day of February, 2010. J U D G M E N T Thottathil B.Radhakrishnan, J. The respondent while working as Extra Departmental Branch Postmaster faced disciplinary proceedings in March, 1993 on three counts of shortage in cash and failure to give due credit. The criminal court, on the same set of facts, tried and acquitted him. He was reinstated in service on 16.8.2002 and back wages were paid to him. In 17.8.2002, he was put off duty and was charge sheeted. 2. Adverting to the materials in the disciplinary proceedings and the laws applicable to conduct of enquiry and imposition of penalty, the Central Administrative Tribunal, Ernakulam Bench held in the impugned Ext.P3 judgment that the conclusion that the findings are wholly unsustainable and the decision adverse to the respondent WP(C).No.24556 of 2006-S. -: 2 :- should fall. 3. Having considered the submissions vis-a-vis the materials, we are satisfied that the findings of the Tribunal are purely on facts and in the correct perspective and are not vitiated on any question of law. The finding on facts cannot be assailed as unavailable on record or that they are perverse. We are also of the view that the Tribunal has rightly interfered with the disciplinary proceedings having regard to the available materials. Therefore, we find no merit in this writ petition. There is no illegality or irregularity committed by the Tribunal. The writ petition fails and it is accordingly dismissed. THOTTATHIL B.RADHAKRISHNAN (JUDGE) P.S.GOPINATHAN (JUDGE) Kvs/-