om:109-cl-2015-sep — Discipline and Appeal enquiry initiated by the concerned Department should give enough opportunity to the charged employee before punishing him. As enough opportunity is not given to the Applicant herein, a removed GDS BPM at Gamaria Branch Office under Cachar Division, Tribunal directed the Respondents of Postal Services, Assam circle to proceed with the enquiry from the stage of hearing by giving opportunity to engage Applicant's defence assistant and giving an opportunity to the A

Discipline and Appeal enquiry initiated by the concerned Department should give enough opportunity to the charged employee before punishing him. As enough opportunity is not given to the Applicant herein, a removed GDS BPM at Gamaria Branch Office under Cachar Division, Tribunal directed the Respondents of Postal Services, Assam circle to proceed with the enquiry from the stage of hearing by giving opportunity to engage Applicant's defence assistant and giving an opportunity to the Applicant to argue his case either in person or through his Defence Assistant — The chunk is a part of a court judgment that discusses the case of an employee who was removed from his position for allegedly appropriating government money. The employee argued that he did not rece... — Facts: The Applicant herein, is a GDS BPM at Gamaria Branch Office under Cachar Division of Assam. He was punished by removing him from that post after an ex parte enquiry as the Applicant did not attend the enquiry except on the preliminary enquiry date with his assistant. The allegation against the Applicant is, appropriation of Government money amounting to ' 50,000 in respect of some Accounts kept with the Branch Post Office. It is sufficient to note the above facts of the case. The charge-sheet containing only one Article of charge issued to the Applicant is for violating the provisions of Rule 131 (3) of Rules of Branch Offices which is dated 2-8-2010. The Applicant did not reply to the above-said charge memorandum. Earlier, he filed O.A. No. 185 of 2011 to set aside the charge-sheet which was disposed of directing the Respondents to dispose of his reply and directing the Applicant to file his reply. If the disposal is unsatisfactory, he can approach the Tribunal by filing a fresh OA. Hence this OA is filed. This is an usual case and similar cases were heard by Tribunal earlier. Hence the final decision of the Tribunal is only noted herein. It was held: