om:39-cl-2024-Mar — Admission by the GDS as to appending signature in some of the account opening forms on the advice of the SPM, cannot be construed to mean admission of guilt of opening of fake accounts or conspiracy in the fake transaction

Admission by the GDS as to appending signature in some of the account opening forms on the advice of the SPM, cannot be construed to mean admission of guilt of opening of fake accounts or conspiracy in the fake transaction — OA No. 040/00145 of 2018 concerns an appeal by a widow against the removal from service of her late husband, who was a GDS BPM at Bashbari Branch Post Office. The issue revolves around allegations th... — Facts: The Applicant is the widow of Md. Hussain, who was serving as GDS BPM, Bashbari Branch Post Office. According to the Applicant being a single handed Post Office, he had to perform the duties of attending the Post Office, carry mails from Branch Post Office to the sub-office situated at a distant place and to carry out the other works entrusted to him by the SPM. In that process, he had helped 17 depositors in filling the forms for opening bank account and at the instance of the SPM he had to prepare cheque list of 23 cheques and the SPM had signed the cheque list along with his endorsement in each cheque authenticating the genuineness of the Cheques and sent them to Dhubri Head Office through the aforesaid Md. Hussain for clearance. However, as the cheques were found to be scanned cheques and not original, he was served with the charge-memo, dated 4-2-2015. He participated in the inquiry but during inquiry he was not supplied with any documents nor was he afforded opportunity to cross examine the witnesses. However, the Inquiry Report having found the said Md. Hussain guilty of misconduct, he was removed from the service. In the police complaint lodged by the Superintendent of Post Offices, the name of the Applicant's spouse was not charged with any offence in the criminal case. The Disciplinary Authority on the basis of the findings of the I.A. imposed the extreme penalty of removal from service vide Order, dated 24-7-2017. Hence this OA.

Respondents contested the OA and according to them, Shri Md. Hussain helped in opening 17 false SB Accounts and he has also prepared the Cheque list and tendered the same before the authority for encashment. However, these cheques were returned with the endorsement "cheque already paid; refer to drawer." According to the Respondents Late Md. Hussain in his written statement, dated 12-7-2017 had admitted that he performed illegal task at Lakhipur SO and opened some accounts which were false, and therefore, on the basis of said admission he was imposed with the punishment of removal from engagement of GDS.