om:70-cl-2017-july — The Applicant herein, a Gramin Dak Sevak Branch Postmaster at Jalakiabori Branch Office, used an amount of ₹ 20,387 in BO unauthorizedly for treatment of his son-in-law which amount he has paid back after a charge-sheet was issued for misappropriation of the amount. Hence the parallel cases referred by him to get relief for reinstatement in service cannot be accepted. Hence his penalty order is appropriate

The Applicant herein, a Gramin Dak Sevak Branch Postmaster at Jalakiabori Branch Office, used an amount of ₹ 20,387 in BO unauthorizedly for treatment of his son-in-law which amount he has paid back after a charge-sheet was issued for misappropriation of the amount. Hence the parallel cases referred by him to get relief for reinstatement in service cannot be accepted. Hence his penalty order is appropriate — In the document, it is established that the applicant misappropriated government funds from the Jalakiabori Branch Office while working as a GDS BPM. The applicant's intention was to keep the money f... — Facts: The Applicant herein, a Gramin Dak Sevak Branch Postmaster at Jalakiabori Branch Office, took an amount of ₹ 20,387 from the Branch Office for treatment of his son-in-law. But he could not refund the money immediately due to his poor financial position. But he credited the money back. In spite of returning the money, he was issued with a Charge Memorandum, dated 11-1-2013 under Rule 29 of the GDS (Conduct and Employment) Rules, 2001. This memorandum refers to the failure to produce the amount during the inspection by Inspector on 8-8-2012. This is alleged as misappropriation of the amount by Applicant. It is stated that the Enquiry Officer without basing on evidence available submitted his report stating that, the misappropriation of money is proved. The Disciplinary Authority issued the charge-sheet for misappropriation of ₹ 20,387 and also the Article-I is enclosed containing the explanation for charges. The details of charge-sheet issued to him is reproduced in the judgments.

The Applicant admitted the charges and assured that he will not do so in future. The Controlling Authority had gone through the case and studied the enquiry report. He noted that the charged official admitted that he had spent the office cash for his personal need. Hence he was awarded the punishment of “Removal from Service” by the Disciplinary Authority. Hence this OA is filed praying for setting aside the penalty order, dated 28-3-2013 issued by Superintendent of Post Offices, Nagaon Division, Nagaon and to set aside the Appellate Order, dated 21-8-2013 issued by Appellate Authority and grant all consequential benefits.

The Applicant submits that the enquiry report is perverse as it is based on no evidence. The Applicant also admitted his wrong doing and assured that he will not repeat such mistakes in future. No defence statement is submitted by him. His statements are contradictory as seen from Paras. 4.2 and 4.3 in OA.

The Tribunal noted that the Applicant refunded the money on initiation of disciplinary proceedings. He also admitted that the money was used for personal use.

The Tribunal noted on earlier cases submitted by the Applicant. But those cases are not applicable in the context of the present case.

In the present case, the Applicant committed serious offence by misappropriating Government money by making shortage of cash in Government account at Jalakiabori Branch Office while working as GDS BPM. It is a misappropriation of money for his personal use and that was not refunded till the disciplinary proceedings are initiated.