IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 21850 of 2006(S) OA.630/2002 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONERS: 1. SENIOR SUPERINTENDENT OF POST OFFICES KOTTAYAM DISTRICT, KOTTAYAM-1. 2. DIRECTOR OF POSTAL SERVICES, THE OFFICE OF THE POSTMASTER GENERAL, CENTRAL REGION, COCHIN-682 016. 3. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATION, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL RESPONDENT: A.K. LEELAMMA, D/O.LATE KURIAN KURIAN,EXTRA DEPARTMENTAL BRANCH POSTMASTER, PULIKKUTISSERY POST OFFICE (UNDER ORDERS OF DISMISSAL) RESIDING AT ANJUTHURUTHIL, PULIKKUTISSRY, AYMANAM, KOTTAYAM-15. BY ADV. SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE SMT.K.RADHAMANI AMMA SRI.ANTONY MUKKATH SRI.K.V.JOY SRI.K.RAMACHANDRAN (THYKOODAM) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT No representation. Dismissed. Sd/- (K.Balakrishnan Nair, Judge) 11.8.09 Sd/- ( C.T.Ravikumar, Judge) Thottathil B. Radhakrishnan & P.S. Gopinathan, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 21850 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th of February, 2010 JUDGMENT Thottathil B. Radhakrishnan , J. The respondent moved the Central Administrative Tribunal against disciplinary proceedings and consequent imposition of penalty. Tribunal, after adverting to and considering the materials held in terms of Rule 3A of the Posts and Telegraph Extra Department Agents(Conduct and Service) Rules, 1964 that, the action has been taken without the due sanction of the competent authority inasmuch as the proceedings could have been initiated not in the manner it has been done, but only at the instance of the head of the Circle. Adverting to the above Rule, we do not find any legal infirmity in the finding of the Tribunal. The Tribunal has also given liberty to the establishment to proceed de novo against the delinquent in accordance with law, if they wished to proceed against her on the charges. Therefore on that count also, no case of injustice is pointed out by the establishment. W.P.(C)No. 21850 OF 2006 -:2:- 2. The question now is regarding the reinstatement that has been ordered by the Tribunal. The impugned order stood stayed by this Court during the pendency of the writ petition regarding that. Holding that there is no merit in the contentions in the writ petition and without entering into any adjudication as to the sustainability or otherwise of the charges levelled by the Department against the delinquent, we dismiss this Writ Petition. Thottathil B. Radhakrishnan, Judge P.S. Gopinathan, Judge ttb