Department of Posts, India

O/o the Superintendent of Post offices,

Madhubani Division, Madhubani-847211
To,
The Supdt. of Post Offices
Madhubani Division, Madhubani

No: - LC/CCPA/Surendra Paswan Dated at Madhubani the 02.04.2024

Sub: - Regarding submission of

Ref: - Your good office letter noInv/Rule-10/Korehia BO/JNRSO dated 22-03-2024

With reference to CO letter no u/r, required brief history and para wise comments relating to
above cited subject on behalf of OP no.04 & 05 are submitted here under for favour of kind
information and necessary action:-

Brief history of the case

The case in brief is that Sri Surendra Paswan was engaged to the Post of GDS MC, Korahia BO in
a/c with Jaynagar SO on 04-02-2010 and since then he has been performing the duty of GDS MC,
Korahia BO in a/c with Jaynagar SO.
In the mean time, on demand by the CBI, Patna, the engagement files made during the year 2008
to 2012 were submitted to CBI, Patna. After completion of investigation made by the CBI, Patna,
mark sheet having marks 562/700 submitted by the applicant at the time of engagement was reported
by the CBI, Patna to be fake stating that the mark sheet bearing no.0101044 dated 09-07-2004 ,Code
no.2005,Roll no.100,Registration no. 224991/04 ,year-2004 having marks-562/700 was declared to be
fake by the Examination Controller Bihar Sanskrit Siksha Board, Patna पत्रांक 1157-स dated 04-10-
2016 and पत्रांक 1214-स dated 02-11-2016 mentioning the facts that उक्त छात्र का प्राप्तांक 507 है जबकि
अंक पत्र में 562 है , कु ल प्राप्तांक में अंतर है / सुलभ प्रसंग हेतु परीक्षा नियंत्रक , बिहार संस्कृ त शिक्षा बोर्ड, पटना का
पत्रांक 1157-स dated 04-10-2016 एवं पत्रांक 1214-स dated 02-11-2016 की छाया प्रति संलग्न की जाती है
Consequently upon the applicant, on that contemplation, was placed under put off duty vide
Inspector Posts,East Sub Dn.Madhubani memo no. A1/Korahia/10 dated 26-04-2016. The applicant
was proceeded under Rule-10 of GDS (C & E) Rules, 2011. IO/ PO was appointed for early
concluding the inquiry but the applicant filed a case before CAT, Patna which was enrolled as OA
No.406/2016. Hon’ble CAT, Patna Bench passed an order on 25-02-2019 to enhance the TRCA from
25 % to 50 %, to conclude the inquiry and to revoke the put off duty. In this connection, a legal
opinion was obtained from Sri Anjani Kumar Sharan, Learned Advocate, ASG, Govt. of India,
Patna. According to legal opinion, “When a proceeding has been initiated against the applicant
under Rule-10 of GDS (C&E) Rules, 2011 which is pending holding the applicant guilty is not
permissible in law. This is exactly what has been proposed vide referred letter says that since the
certificate has been found to be fake hence the applicant is not entitled for enhancement of ex-gratia
during put off duty period, this proposal is not in consonance with the well- established procure of
law advising to conclude the inquiry/proceeding initiated against the applicant and as a result thereof
his revocation was not considered.
The applicant, when came to know that the proceeding initiated under Rule-10 of GDS (C&E)
Rules,2011 was on the verge of conclusion, filed a CONTEMPT OF COURT case alleging non
implementation of the order of Court dated 25-02-2019 before the Hon’ble COURT which was
enrolled as 43/2021.
Para wise comments:-

1. `Yes, it is a fact that the applicant was provisionally engaged to the post of GDS MC,
Korahia BO in a/c with Jaynagar SO.
2. On the basis of RO letter no. Vig/CBI/GDS/Madhubani dated 18.04.2016, the put off
duty memo issued vide this office letter no. A1/Korahiya /10 dated 26-04-2016.
3. It is fact that the charge sheet issued vide this office letter no. A1/Korahiya /10 dated
28.03.2018 and the officials were given 10 days for submission of his representation
through aforesaid letter.
4. It is fact that IO/PO was appointed.
5. It is fact that the documents listed in Annexure-III were under custody of CBI, Patna.
6. On the basis of report received from RO, Muzaffarpur letter no.
Vig/CBI/GDS/Madhubani dated 18.04.2016 and report received from Anand Sanskrit
Madhyamik Vidyalay, Mirzapur vide letter no. 25/16 dated 15.06.2016, the chargesheet
issued.
7. It is fact that he was absented from the proceeding fixed by the IO Concerned on
15.03.2021,08.04.2021,08.07.2021,27.07.2021 and 05.08.2021 without any prior
information as mentioned in IO Report.
8. It is not fact that, the charged officials was not given sufficient opportunity to defend his
case.
9. It is not fact that the IO and PO has not given sufficient time as per Rule.
10. The Marksheet submitted by the applicant at the time of document verification was duly
attested by Shri A.K.Mandal, the then IP East Subdivision, Madhubani in which mark
obtained by the candidate was 562 only. Hence, the query raised by the applicant is not
considerable.
11. It is not fact that the said letter was not delivered to him. The said letter was also sent to
BPM, Korahiya BO and a copy of same was handed over to Mail OS, East Subdivision,
Madhubani for delivery of Rule-10 Decision copy of Shri Surendra Paswan. But, as per
report received from Mail OS, he did not meet at home and also not responded over
phone. Then after, the said letter received by Shri Paswan on 06-12-2022 physically.
12. It is not fact, the sufficient time were not given to him.
Para wise comments:-

1. `It is not fact that the said Shri Surendra Paswan, the then GDS MC, Koraihya BO in a/c
with Jaynagar SO was submitted the Marksheet issued by BSSB, Patna with marks