IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 4791 of 2007(S) ------------------------------------- OA.784/2004 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): ---------------------- 1. DIRECTOR OF POSTAL SERVICES (HQ), OFFICE OF THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM - 695 033. 2. K.M. KUMARAN, ASSISTANT DIRECTOR (PG&SB), OFFICE OF THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM, PRESENTLY WORKING AS SENIOR SUPERINTENDENT OF POST OFFICES, ALUVA DIVISION, ALUVA. 3. THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM - 33. 4. MEMBER (PERSONNEL), POSTAL SERVICES BOARD, DAK BHAVAN, SANSAD MARG, NEW DELHI - 110 001. 5. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS, NEW DELHI - 110 001. BY ADV. MR.P.S.BIJU, ADDL.CGSC RESPONDENT(S): ------------------------- G. GOPINATHAN PILLAI, S/O. THE LATE K.GOPALAN NAIR, AGED 59 YEARS, ASSISTANT SUPERINTENDENT OF POSTS, TIRUVALLA RMS/IIA, TIRUVALLA, RESIDING AT VADAKKEKKARA VALIYA VEETIL, KALA WEST, MANNADI P.O., PATHANAMTHITTA DISTRICT. BY MR.O.V.RADHAKRISHNAN, SENIOR ADVOCATE, ADV. SMT.K.RADHAMANI AMMA, MR.ANTONY MUKKATH, MR.K.V.JOY, MR.K.RAMACHANDRAN (THYKOODAM). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 4791/2007-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE O.A. NO.784/2004 OF CAT, ERNAKULAM DATED 24/10/2004. EXT.P2: COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS HEREIN IN O.A. NO.784/2004 DATED 14/07/2005. EXT.P3: COPY OF THE REJOINDER FILED BY THE RESPONDENT HEREIN IN O.A. NO.784/2004 DATED 23/07/2005. EXT.P4: COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE PETITIONERS HEREIN IN OA NO.784/2004 DATED 16/03/2006. EXT.P5: COPY OF THE ORDER IN OA NO.784/2004 OF CAT, ERNAKULAM DATED 30/05/2006. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. = = = = = = = = = = = = = WP(C).No.4791 of 2007-S. = = = = = = = = = = = = = Dated this the 19th day of February, 2010. J U D G M E N T Thottathil B.Radhakrishnan, J. The Respondent while working in a Post Office faced an allegation at the hands of a woman employee that he attempted to make physical advances to her on 15.1.1997. Proceedings were initiated alleging indiscipline. The petitioner was imposed the punishment of barring one increment without cumulative effect for three years. The employee filed an appeal and thereafter revision before the competent administrative authorities. They having turned futile, he moved the Central Administrative Tribunal. The Tribunal reversed the decision and held that there was no material to sustain the penalty. The department has filed this writ petition. 2. The counsel appearing for the establishment WP(C).No.4791 of 2007-S. -: 2 :- pointed out that the finding of the department cannot be criticized as so rational as warranting interference by the Tribunal, that too after the revisional and appellate authorities have rejected the case of the employee. 3. But, adverting to the materials on record and the elaborate consideration by the Tribunal, we find that the Tribunal has considered the entire case from different angles. The appellate orders were superficial. On the totality of the facts and circumstances, the Tribunal acted rightly in holding that there is no reason to mulct with the delinquent employee with any penalty. There is no jurisdictional error warranting interference by this Court under Article 226/227 of the Constitution of India. The writ petition fails and it is accordingly dismissed. THOTTATHIL B.RADHAKRISHNAN (Judge) P.S.GOPINATHAN (Judge) Kvs/-