it2025_00322 — The Applicant, PA, R.K. Pur, HPO of Agartala Division of Postal Department was compelled by illiterate persons to deposit their money in the account of one Shyamal Kanti Deb, GDS Packer of the Postal Department which was accepted after consultation with her superiors for which act she gained no monetary or other benefits. There were procedural infirmities in the conduct of the disciplinary proceedings against the Applicant as accepted by the Counsel of the Respondents. Hence the punishment impos

The Applicant, PA, R.K. Pur, HPO of Agartala Division of Postal Department was compelled by illiterate persons to deposit their money in the account of one Shyamal Kanti Deb, GDS Packer of the Postal Department which was accepted after consultation with her superiors for which act she gained no monetary or other benefits. There were procedural infirmities in the conduct of the disciplinary proceedings against the Applicant as accepted by the Counsel of the Respondents. Hence the punishment imposed on the Applicant by reduction of pay by three stages in the Pay Band of ₹9,300-34,800 Grade Pay ₹4,600 from the next admissible pay till her retirement in December 2014 was set aside as it was a procedural mistake on the part of the Applicant committed under compelling circumstances — This chunk is a part of a case titled "Smt. Kalpana Choudhury v. Secretary to Government of India and others" in the year 2015, concerning an Applicant who was compelled by illiterate persons to depo... — Facts:The Applicant herein, retired from service as PA, R.K. Pur, HPO, Agartala Division of the Postal Department on attaining the age of superannuation on 31-12-2014. Before her retirement on 15-3-2012, she was charge-sheeted. The charges contained two Articles namely Articles I and II which are reproduced in the judgment. According to Applicant, the depositors / customers who are mostly illiterate and not conversant with the procedure compelled the Applicant to credit the money of the depositors in the account of one Shri Shymal Kanti Deb, GDS Packer. She did so after consulting her superiors. Hence she was issued with the charge-sheet for not following the Rule 11

(v) of CCS (CCA) Rules, 1965 as well as Director-General, P& T's Notification, dated 16-12-1970 by which certain guidelines had been prescribed for imposition of penalty. This OA is filed challenging the above charge-sheet and prayed for full pensionary benefits on her pay prior to her reduction including her annual increment due in July, 2014 as if there is no reduction of her pay in terms of the impugned order, dated 19-6-2014. The main contention of the Applicant is that, she deputed the amount of deposits of some illiterate depositors in the account of one Shri Shyamal Kanti Deb, GDS Packer on their own requests by which she gained no benefits, either financial or otherwise. No complaint was also lodged by customers. She credited the doposit of those who are mostly illiterate in the account of Shyamal Kandi Deb due to pressure and after obtaining permission from her superiors. It is further stated that the D&A enquiry was conducted without recording the statement of Shyamal Kanti Deb, the depositors and others concerned. The harsh punishment was imposed on the Applicant before the retirement is unwarranted. Further, her appeal against the punishment imposed on her was not entertained by the Appellate Authorities due to delay. The Counsel for the Respondent admitted that there is procedural infirmities in conducting the trial. Since her appeal is not entertained due to delay, the appeal may be sent back to Appellate Authorities for consideration. The Tribunal recollected the nature of the case as stated above. The Applicant is not an habitual as learnt from her Counsel. In view of the above, it was held: