IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 OP (CAT) NO. 32 OF 2025 AGAINST THE ORDER DATED 03.04.2025 IN O.A. NO.140 OF 2025 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONER(S)/APPLICANT: RAZEENA.S AGED 54 YEARS W/O LATE NIZAR, MTS, NOORNADU POST OFFICE, NOORNADU (PO), ALAPUZHA DISTRICT, RESIDING AT GAZAL ALINTE THEKKATHIL, MANKAMKUZHY (PO), MAVELIKKARA, ALAPUZHA DISTRICT, PIN - 690558 BY ADVS. B.BIPIN M.V.THAMBAN THARA THAMBAN ARUN BOSE JEENA A.V. RESPONDENT(S)/RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY ( POSTS), MINISTRY OF COMMUNICATIONS AND IT, DEPARTMENT OF POSTS, DAK BHAWAN SANSAD MARG, NEW DELHI, PIN - 110001 2 THE DIRECTOR GENERAL (POSTS) DEPARTMENT OF POSTS, DAK BHAWAN SANSAD MARG, NEW DELHI, PIN - 110001 3 THE CHIEF POST MASTER GENERAL OFFICE OF THE CHIEF POST MASTER GENERAL, CENTRAL POSTAL CIRCLE, ERNAKULAM BENCH,, PIN - 695033 OP (CAT) NO. 32 OF 2025 -2- 2025:KER:30197 4 THE POST MASTER GENERAL, CENTRAL REGION, MAVELI ROAD, GANDHI NAGAR, ELAMKULAM, ERNAKULAM, PIN - 682020 5 SUPERINTENDENT OF POSTS, MAVELIKKARA POSTAL DIVISION, MAVELIKKARA, ALAPUZHA DISTRICT, PIN - 690101 6 INSPECTOR OF POSTS OFFICE OF THE INSPECTOR POSTS, MAVELIKKARA SOUTH SUB DIVISION, MAVELIKKARA, ALAPUZHA DISTRICT, PIN - 690101 7 THE POSTMASTER, NOORNADU POST OFFICE, NOORNADU (PO), ALAPUZHA DISTRICT, PIN - 690504 BY ADV. : SRI.C.DINESH, DSGI IN CHARGE THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (CAT) NO. 32 OF 2025 -3- 2025:KER:30197 JUDGMENT AMIT RAWAL, J. This Court, on 07.04.2025 had issued the notice. 2. The learned tribunal while rejecting the interim prayer passed the following order: “The applicant who is an MTS, engaged in a Post office, applied for granting NOC for travelling to Mecca, Saudi Arabia, to participate in Umrah. She has been issued visa by the Kingdom of Saudi Arabia to visit the Country from 13.03.2025 to 13.04.2025. The permission was declined by Annexure A-1 order which is challenged in the present proceedings. The applicant seeks an interim order of stay of Annexures A-3 and A-4 and to direct the respondents to reconsider the request of appplicant to participate in Umrah on the basis of Annexure A-2 visa. On instructions, the learned ACGSC placed before me a communication received by him from the Superintendent of Post Office, Mavelikara Division dated 28.03.2025. The application of the applicant was forwarded to concerned Post Master for verification of records. Vigilance Clearance was not obtained from Staff branch and Mails branch as two OP (CAT) NO. 32 OF 2025 -4- 2025:KER:30197 punishments imposed on applicant was in force. It states that applicant was imposed with punishment under Rule 16 of CCS (CCA) Rules 1965, of withholding one increment of pay for a period of six months without cumulative effect, by order dated 28.11.2024. In another proceedings initiated against her, punishment under Rule 16 of CCS (CCA) Rules 1965, withholding one increment of pay for a period of one year without cumulative effect was imposed by order dated 31.12.2024. As per the guidelines, one of the conditions to be taken into consideration for granting NOC is whether any disciplinary/vigilance case is pending or contemplated against the concerned person. It was submitted by the learned ACGSC that currency of penalties was the reason for not granting NOC. In the above circumstances, I am not inclined to grant stay of Annexures A-3 and A-4 as an interim measure.” 3. We are of the view that there is no disciplinary proceedings pending against the petitioner, who has already faced the punishment of withholding the increment for a period of six(6) months without OP (CAT) NO. 32 OF 2025 -5- 2025:KER:30197 cumulative effect by order dated 28.11.2024 and for one year without cumulative effect vide order dated 31.12.2024. But the learned tribunal has noticed that No Objection Certificate (NOC) cannot be granted as the disciplinary cases pending or contemplated. Once the punishment has been opposed there cannot be any pending or disciplinary proceedings. In this view of the matter, considering the detailed order passed on 07.04.2025, we direct the respondents to issue NOC for being abroad to participate in the Umrah, Kingdom of Saudi Arabia immediately, by tomorrow, as the period of VISA is going to expire on 29.04.2025. Impugned order of the tribunal is set aside. O.P.(CAT) is allowed. Sd/- AMIT RAWAL JUDGE Sd/- K. V. JAYAKUMAR JUDGE vv OP (CAT) NO. 32 OF 2025 -6- 2025:KER:30197 APPENDIX OF OP (CAT) 32/2025 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE APPLICATION DATED 11.03.2025 FILED BEFORE THE 5TH RESPONDENT ANNEXURE A2 TRUE COPY OF THE VISA ISSUED BY THE KINDOM OF SAUDI ARABIA HAS ISSUED TO THE APPLICANT FROM 13.03.2025 TO 13.04.2025 ANNEXURE A3 TRUE COPY OF THE COMMUNICATION NO. B2/NOC DATED 21.03.2025 OF THE 5TH RESPONDENT ANNEXURE A4 TRUE COPY OF THE LETTER NO.MSDD/LEAVE/MTS/MIS AT MAVELIKKARA DATED 21.3.2025 OF THE 6TH RESPONDENT. ANNEXURE A5 TRUE COPY OF THE PROCEEDING NO. B2/43/1 DT. 28.11.2024 OF THE 5TH RESPONDENT ANNEXURE A6 TRUE COPY OF THE PROCEEDING NO. G/MAILS/MISC/ IV/3 DT. 31.12.2025 OF THE 5TH RESPONDENT EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION NO.140/2025 ALONG WITH THE ANNEXURES ON THE FILES OF THE HON’BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 25/2/2025 EXHIBIT P2 TRUE COPY OF THE ORDER DATED 03.04.2025 IN O.A.NO.140/2025 OF THE HON’BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH