IMPORTANT POINT
Negligence does not constitute misconduct unless proven intentional or abusive of discretion; mere error of judgment is insufficient for disciplinary action.

JUDGMENT :

Vijay Bishnoi, CJ.

Heard Ms. B. Sarma, learned Central Government Counsel appearing for the petitioners. Also heard Mr. H.K. Das, learned counsel appearing for the sole respondent.

2. This writ petition is preferred by the petitioners, assailing the order dated 07.06.2023 passed by the Central Administrative Tribunal, Guwahati Bench, Guwahati (hereinafter to be referred as “Tribunal”) in Original Application No.16/2018. Vide the impugned order, the Tribunal has allowed the Original Application filed by the respondent and set aside the order dated 12.12.2017 issued by the petitioner No.4, i.e. Senior Superintendent of Post Offices, Guwahati Division, Guwahati, whereby the penalty of withholding the benefit of next increment of pay for 5(five) months without cumulative effect has been imposed upon the respondent along with recovery of Rs. 8,05,000/-, which was ordered to be deducted @ Rs. 62,000/- per month from the pay and allowances of the respondent w.e.f. December, 2017 payable in January, 2018.

After setting aside the order dated 12.12.2017 issued by the Senior Superintendent of Post Offices, Guwahati Division, Guwahati, the Tribunal has further directed the petitioners, who are the respondents before the Tribunal, to refund the recovered amount within 3(three) months from the date of receipt of the copy of the said order.

3. The brief facts of the case are that the respondent was working as Postmaster, Gauhati University Head Office from 10.10.2013. He was served with an Office Memo dated 02.03.2017, whereby the Senior Superintendent of Post Offices, Guwahati Division, Guwahati, being Disciplinary Authority, had proposed to take action against the respondent under Rule 16 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 alleging misconduct on the part of the respondent. The Memorandum served upon the respondent vide order dated 02.03.2017 and the statement of imputation of misconduct or misbehaviour, on which the action is proposed to be taken against the respondent, are reproduced hereunder:-

“MEMORANDUM

1. Sri Thagi Ram Nath, Postmaster, Guwahati University HO is hereby informed that it is proposed to take action against him under Rule 16 of C.C.S. (C.C.A.) Rules, 1965. A statement of the imputations of misconduct or misbehavior on which action is proposed to be taken as mentioned above is enclosed.

2. Sri Thagi Ram Nath is hereby given an opportunity to make such representation as he may wish to make against the proposal.

3. If Sri Thagi Ram Nath fails to submit his representation within 10 days of the receipt of this Memorandum, it will be presumed that he has no representation to make and orders will be liable to be passed against Sri Thagi Ram Nath ex-parte.

4. The receipt of this Memorandum should be acknowledged by Sri Thagi Ram Nath.

(A. Pattanayak)

Sr. Supdt. of POs: Guwahati Division

Guwahati-781001.”

“Statement of imputation of misconduct or mishehavior on which action is proposea to be taken against Sri Thagi Ram Nath, postmaster, Guwahati University HO under Rule-16 of CCS (CCA) Rules, 1965

_________________________________________________________________________

That Sri Thagi Ram Nath while working as Postmaster, G.U. HO for the period from 10.10.2013 to till date was failed to make necessary security arrangement for collecting and remitting cash from and to Sub-Post Offices under Guwahati University HO.

There were two types of security arrangement in Guwahati University HO. Two armed Police were deployed for escorting cash van remitting cash to SOs for disbursement of MGNREGA payment. One armed police was withdrawn by police authority in December, 2014. Thereafter cash van remitting MGNREGA cash was escorted by one armed police and one unarmed Home Guard. This arrangement continued till introduction of FTO System making online transfer of fund and no hard cash was required to be sent to SOs for specific purpose of MGNREGA payment. After introduction of FTO system cash required f