IMPORTANT POINT
Disciplinary actions must be substantiated by clear evidence and procedural fairness; speculation is insufficient for justifying dismissal.

JUDGMENT :

Partha Sarathi Chatterjee, J.

Preface :

1. The present writ petition challenges the validity of the order dated April 4th, 2012, passed by the learned Tribunal in O.A. 310 of 2010. In this order, the Tribunal declined to intervene in the dismissal order vide. no. F7-1/98-99 dated November 5th, 2009, as well as the order of the appellate authority dated August 3, 2010.

Petitioner’s case:

2. The petitioner’s case, as unfurled in the writ petition, is that the petitioner started his career with the postal department in 1974 as an EDDA. By 1979, he was promoted to the position of Postman, and later, in 1989, he was further promoted to the post of Postal Assistant.

3. In 1992, he had been performing the duties of S.B. Counter Postal Assistant at Ranigunj Head Post Office, which fell under the jurisdiction of the Senior Superintendent of Post Offices, Asansol Division, Burdwan.

4. As S.B. Counter Postal Assistant, he was responsible for receiving money from depositors and disbursing deposits to S.B. account holders based on the pay-in slip and withdrawal form, respectively. His role does not encompass the preparation of pay-in slips or MIS pass-books.

5. One P.L. Ganguly, a Postal Authorized Agent used to collect cash from the depositors and complete the Form no. SB-3 either with the depositor or independently, and proceed to open the MIS account.

6. On 18.01.1996, two joint accounts vide. MIS Account nos. 2777 and 2778 were opened by Nataraj Pramanik and Arati Pramanik, each with a deposit of Rs.6,000/- and another MIS Account vide. no. 2781 was opened by one Lal Mohan Mondal on 23.1.1996 with a deposit of Rs. 6,000/- through P.L. Ganguly.

7. Mr. Ganguly received Rs. 66,000/-, 60,000/- & 60,000/-respectively against those three accounts and even, in the MIS pass books and Ledger Cards, the amounts of Rs. 66,000/-, 60,000/- & 60,000/-respectively were recorded as deposited in those three accounts by interpolating of the digits, namely, ‘6’ and ‘0’ but these deposits were not reflected in the records of the postal department.

8. From the entries recorded in those MIS Accounts and Ledger Cards, it revealed that the interest payments for those three accounts were recorded approximately 22 to 23 times by a counter other than the S.B. Counter, even on Sundays and postal holidays. However, these transactions were not reflected in the postal accounts. Mr. Ganguly used the seal of the department to perpetrate these misdeeds.

9. Subsequently, it was discovered that the documents, including SB-3 (Index Cards), pertaining to those three accounts were not found within the department.

10. However, eventually, Mr. Ganguly realized that he might face charges of cheating or fraud. He convinced the three depositors to return the interest payments and provide declarations stating that they had deposited Rs. 6,000 each. As a result, the department did not incur any financial loss.

11. Suddenly, in connection with this incident, a charge-sheet was slapped upon the petitioner by the respondent no. 4 on the following allegation:

“It is alleged that Sri B.K. Paul, while working as SB/MIS Counter PA, Raniganj H.O. on 18.1.96 and on 23.1.96, accepted applications for opening of new Ranignaj H.O. MIS Account no. 2777 and 2778 on 18.1.96 and MIS Account no, 2781 on 23.1.96. He entered the amount of deposit in MIS LOT of the said MIS Accounts on the respective dates as RS. 6000/- each. While he delivered the MIS passbooks of the said three Accounts to the concerned depositors in which the deposited amount were entered as Rs. 66000/- in MIS Account no. 2777 dated 18.1.96, Rs. 60000/- in MIS Account no. 2778 dated 18.1.96 and Rs. 6000/- in MIS Account no. 2781 dated 23.1.96. Thus, the said Sri B.K. Paul is found to be responsible for total short credit worth 1,68,000/- in the said three accounts. On the other hand he is also responsible for payment of undue monthly interest in respect of those three accounts for the period from 20.7.96 to 7.11.98 causing loss to the