it2025_00908 — When disciplinary proceedings are conducted by following the provisions of the Rules and reasonable opportunity given to the delinquent, the Tribunal cannot interfere with the decision of the administrative authorities, including quantum of penalty

When disciplinary proceedings are conducted by following the provisions of the Rules and reasonable opportunity given to the delinquent, the Tribunal cannot interfere with the decision of the administrative authorities, including quantum of penalty — The given chunk pertains to the argument made by the applicant, who is contesting the decision to remove his late father from service due to financial irregularities, against the departmental authori... — Facts: Applicant's father was working as Postal Assistant at Kerur SO when disciplinary proceedings under Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965 were initiated and after holding an inquiry, the Inquiry Officer rendered his report as charges proved. Penalty of removal from service by Order, dated 17-7-2018 followed against which appeal was filed which came to be rejected. Revision petition filed by the Applicant also was rejected by Order, dated 30-3-2020. At this juncture the Applicant's father expired on 19-5-2020. Accordingly, this OA is filed on 16-10-2020 by the LR of the deceased charged official (CO) – Shri Tukaram Laxmappa Dasar. The spinal grounds of challenge to the orders of the Respondents include that–

(a) the conclusion arrived at by the Inquiry Officer that the charges were proved against the CO is wholly untenable. There is no basis for arriving at such a conclusion that the CO fixed his own Left Thumb Impression (LTI) and withdrawn the amount and the

(b) Disciplinary Authority blindly accepted the report sans analyzing each article of charge independently.

(c) Similarly, the Appellate Authority, without application of mind, rejected the appeal. Further, Revision Petition was also rejected on general principles.

(d) The specimen signature / seal of the CO was not sent to the Central Forensic Science Laboratory (CFSL) for establishing the act of forgery committed by the CO.

(e) Opinion of the CFSL was different with respect to the reference made in 1 to 3 therein. The said opinion would not lead to logical conclusion that the specimen signature /seal found in the withdrawal slips was of the CO.

(f) The CO had rendered unblemished service continuously for 30 years and, as such, the punishment of removal from service imposed by the Disciplinary Authority, confirmed by the Appellate Authority and the Revisional Authority, suffers from arbitrariness and illegal and the quantum of punishment of removal from service imposed is not in consonance with Article of charges framed against the CO. Accordingly, the Applicant seeks for setting aside the impugned orders and to direct the Respondents to consider the modification of punishment of removal from service as compulsory retirement from service and further to grant consequential retiral benefits to the LRs of the deceased employee. Learned Counsel submitted that ₹ 1,54,700 was deposited by the CO against ₹ 36,000 alleged in the charge-memo but the Appellate Authority has held that financial irregularities to a tune of ₹ 61,500 was noticed. As per Respondents, while the father of the Applicant was working as Sub-Post Master (SPM), Kerur Sub-Post Office (SO) under Bagalkot Division, certain procedural changes by switching over from offline data to online data i.e. Sanchaya Post Software to Finacle Software during the year 2015 during which certain irregularities were noticed by the CBS team and Applicant's father on being asked, he settled some cases and furnished the details of minus balances which remained unsettled. Hence, a detailed investigation was carried out which unearthed financial irregularities to the tune of ₹ 61,500 committed by the Applicant's father in various SB accounts. The said fact of misappropriation was admitted by the CO and he credited the said amount to the Department's account on 22-9-2015. During the course of past work verification of the official, frauds to the tune of ₹ 1,53,524 was detected. The CO had voluntarily admitted his lapses and credited the said sum to the Government accounts at Kerur SO. Disciplinary proceedings were initiated against the CO. The Inquiry Officer submitted his report holding that the charges levelled against the CO were proved. Representation was submitted by the CO on the Inquiry Report. Considering the representation, the case was finalized by the Respondent No. 4 with an order of removing him from service with immediate effect which was not a disqualification for future employment under the Government in accordance with the provisions of Rule 11

(viii) of CCS (CCA) Rules, 1965. The Applicant's father had fraudulently withdrawn amount from SB account holders without their knowledge and manipulated fraudulent withdrawal on the SB-7 vouchers misappropriating the enhanced withdrawal amount for personal use. This SB deposits accepted by the Branch Post Officers credited into the personal SB account and withdrawn amount from the SB account by misusing the official capacity is a grave misconduct. After the death of his father, Applicant claiming these fraudulent acts of his father as minor procedural lapses cannot be acceptable. The report received from the forensic experts confirms the forgery of signatures by late Shri T. L. Dasar. Hence, penalty of removal from service awarded to the Applicant's father was justified and rejection of representations cannot be construed as illegal. The penalty of removal from service being commensurate to the grave misconduct committed by the CO, any sympathy towards the late ex-official would be a misplaced one and would send a wrong message, adversely affecting the morale of the majority of the honest postal fraternity, as such, no leniency is required in the penalty awarded.