it2025_00345 — Punishment should only relate to the proved charges as mentioned in the charge-sheets and other extraneous charges not mentioned in the charge-sheet should not be noted for punishment

Punishment should only relate to the proved charges as mentioned in the charge-sheets and other extraneous charges not mentioned in the charge-sheet should not be noted for punishment — This chunk discusses a court case where a penalty of dismissal was imposed on an employee, but it is found to be illegal due to the consideration of extraneous factors (misappropriation of funds) not... — Facts: The Applicant herein, an Accountant in Postal Department, was issued with a major penalty charge-sheet under Rule 14 of CCS (CCA) Rules on 24-9-2007 for his absence from 10-7-2007 to 19-11-2007 without any permission. He accepted the charges. As he had accepted the charges, punishment of Compulsory Retirement was ordered for his unauthorized absence and the period of absence was treated as dies non by Order, dated 21-7-2008. As he was involved in a Criminal Case No. 1309 of 2008 in Co-operative Society, his pension was treated as provisional. He appealed against that order of compulsory retirement to the higher authority. That authority issued a notice to him for enhancing the punishment to get his reply. As he had already retired on 31-12-2007, the Applicant raised the validity of issue of the notice for enhancement of his punishment. After considering his reply, Director of Postal Services imposed the penalty of dismissal from service vide his Order, dated 4-12-2008. CPMG also dismissed his revision punishment by his Order, dated 6-5-2009. Those orders of dismissal are challenged in this OA. The Respondents narrated in their reply the details of the case of unauthorized absence up to his resumption of duty on 10-7-2007. Further, facts of issue of charge-sheet on 24-9-2007 and awarding of punishment and its enhancement are stated in the reply. The Respondents also submitted in regard to his involvement of misappropriation of huge amount of ₹ 2.13 crores in Bhavnagar Co-operative Society and also pending criminal case in Case No. 1309 of 2008 in which he is a party. The Applicant remained in Police custody from 22-1-2008 to 5-6-2008. The proceeding of the charge-sheet resulting in removal from service is also stated. The Respondents said that no arbitrariness or mala fide involved in punishing him. On the date of hearing, the Applicant also filed a written argument.