ups_00781 — Tribunal will not interfere in the penalty awarded to a delinquent employee after due process of conducting the Disciplinary and Appeal Procedure by the department, herein in Postal Department, but will interfere only if punishment awarded is perverse or illegal
Original Rule Text
Tribunal will not interfere in the penalty awarded to a delinquent employee after due process of conducting the Disciplinary and Appeal Procedure by the department, herein in Postal Department, but will interfere only if punishment awarded is perverse or illegal — This chunk is a part of an order by a tribunal regarding a disciplinary action taken against a GDS employee in the Postal Department, who was found guilty of fraudulent withdrawal from depositors' ac... — Facts : The Applicant herein, a GDS, Gudimallur BO a/w Walajapet SO, was issued with a charge-sheet containing two charges of fraudulently withdrawing a total amount of ₹ 2,300 from two accounts of one P. Padma and the other K. Lalitha. A departmental enquiry was conducted which proved the charges. Hence the Applicant was removed from service by the Senior Superintendent of Post Offices, R-3. Hence this OA is filed to quash the said orders. It is not necessary to further elaborate the case. It is enough if the Tribunal order is noted. The Tribunal found that due formalities in conducting the enquiry process and awarding of punishment was followed. Interference in disciplinary proceedings is limited to Courts / Tribunals. In the case of Gridco Ltd. and another v. Sri Sadananda Doloi and others [ III 2012 (1) AISLJ 378 ], it was held that "so long as the action taken by the authority is not shown to be vitiated by the infirmities referred in that case and so long as the action is not demonstrably in outrageous defiance of logic, the Writ Court would do well to respect the decision under challenge". Termination order can be interfered with only if there is an irregularity or perversity in the impugned order in this case, dated 28-9-2007. The Applicant is not able to prove any legal infirmity or violation of any procedure in conducting the disciplinary proceedings. Hence it was held: