CAT - ['Ernakulam']

Mandatory timely disposal of administrative representations regarding service status following acquittal in criminal proceedings.

Santhosh Solomon vs DEPARTMENT OF POSTS

CAT - ['Ernakulam']JUDGMENT: April 08, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, an Assistant Branch Post Master (ABPM), was placed under "deemed put-off duty" from August 10, 2018, to June 14, 2019

Source reference: p. 2

This action followed criminal proceedings in which the applicant was subsequently found not guilty by the Assistant Sessions Court, Kottarakara, via a judgment dated March 26, 2025 (Annexure A3)

Source reference: p. 2-3

Following his acquittal, the applicant submitted a representation on September 2, 2025 (Annexure A4) to the 4th Respondent (the Engaging Authority) seeking redress regarding the period of put-off duty

Source reference: p. 2

The applicant approached the Tribunal aggrieved by the failure of the 4th Respondent to consider or dispose of said representation

Source reference: p. 2
02

Issues

Whether the 4th Respondent is required to consider and dispose of the applicant’s representation regarding his put-off duty period following his acquittal in criminal proceedings.

Source reference: p. 2-3
03

Law Applied

Rule 12(3) of the GDS (Conduct Engagement) Rules, 2011 and 2020 (Annexures A5 and A6), which govern the "put-off duty" status of Gramin Dak Sevaks

Source reference: p. 4

The matter was adjudicated based on the principles of administrative law requiring authorities to timely dispose of statutory representations.

Source reference: no citation
04

Reasoning

The Tribunal noted that the applicant had been acquitted of the criminal charges that presumably led to his put-off duty

Source reference: p. 2

It observed that despite a formal representation (Annexure A4) being submitted to the Engaging Authority on September 2, 2025, no action had been taken by the respondents

Source reference: p. 2

Without delving into the merits of the acquittal or the specifics of the put-off duty period, the Tribunal determined that the administrative authority had a duty to consider the applicant's grievance in light of the judicial pronouncement in his favor

Source reference: p. 3

Consequently, the Tribunal found it appropriate to issue a time-bound direction to the 4th Respondent to ensure administrative accountability

Source reference: p. 3
05

Holding

The court held that the Engaging Authority must finalize the matter through a formal order within the specified timeline

The Tribunal disposed of the Original Application at the admission stage without costs. It directed the 4th Respondent to consider and dispose of the applicant's representation (Annexure A4) within 15 days from the date of receipt of the order

Source reference: p. 3
CAT - ['Ernakulam']

Original Court PDF

Santhosh SolomonvsDEPARTMENT OF POSTS

CAT - ['Ernakulam'] · April 08, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment