Brahmeshwar Nath Pandey v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7393 of 2022 ====================================================== Brahmeshwar Nath Pandey S/o Late Gaya Pandey, resident of Vill and P.O.- Sikraul, Fatehpur, P.S. Sikharhatta, District-Bhojpur. ... ... Petitioner/s

Versus

1.

The Union of India through The Chief Post Master General, Bihar Circle, G.P.O. Patna.

2.

The Superintendent of Post Office, Bhojpur Division, Ara. 3.

The Post Master, Head Office, Ara, Dist. Bhojpur 4.

The Sub-Post Master, Piro (S.O.), Dist. Bhojpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Respondent/s :

Mr.Tarkeshwar Nath Thakur, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That the present writ petition is being filed for issuance of appropriate writ/writs, order/orders, direction/directions to the Respondents for setting-aside the letter of dismissal of the petitioner dated 31.07.2018 which has been passed by the Superintendent of Post Office, Bhojpur, Ara on the basis of defalcation has been made at post office by petitioner and others who have defalcated the amount as per FIR of Rs.3,66,300/- on the ground he has taken cash for deposit and the TDR and other things of deposit the amount in their account but the deposition has not been

Patna High Court CWJC No.7393 of 2022(2) dt.16-01-2024 2/2 made in the account to account holder and the charges has been proved by the department on the basis of said allegation, however, the grievance of the petitioner is that the said amount as alleged against the petitioner has already been paid by the department to the account holders so there is no question has been arise for defalcation of money by the petitioner. As such your lordships may set aside the order passed on 31.07.2018 and after setting aside your lordship may given direction to the authority concerned to reinstate on his post."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the learned Central Administrative Tribunal, Patna Bench, Patna for redressal of his subsisting grievances. Liberty so sought is granted.

3. The present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Saurav/- U