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2022 Supreme(SC) 350

M. R. SHAH, B. V. NAGARATHNA
Union of India – Appellant
Versus
M. Duraisamy – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Gurmeet Singh Makker, AOR
For the Respondent(s): Mr. G.sivabalamurugan, AOR Mr. Selvaraj Mahendren, Adv. Mr. P. Shankar, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 30.08.2016 passed by the High Court of Judicature at Madras in Writ Petition No. 33303/2013, by which the High Court has dismissed the said writ petition preferred by the appellants herein-Union of India and others and has confirmed the order passed by the Central Administrative Tribunal, Madras Bench (hereinafter referred to as the ‘Tribunal’) in Original Application (OA) No. 357 of 2012 by which the Tribunal allowed the said OA and modified the punishment from dismissal/removal from service to compulsory retirement, the Union of India and others have preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under:

    That the respondent herein was serving as a Postal Assistant. While he was working as SPM Veppur SO during the period from 2004 to 2007, he committed fraud by way of fraudulent withdrawal in 85 RD accounts and by way of non-credit of deposits in 71 RD accounts and defrauded a sum of Rs. 16,59,065/-. The fraud came to light when enquiries were made based on the report of Postmaster, Srirangam vide letter dated 11.06.2007 about double p

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