B. R. SARANGI, G. SATAPATHY
Md. Zakria – Appellant
Versus
Union of India – Respondent
JUDGMENT
G. Satapathy, J.
The petitioner who is a retired employee of Department of Post by filing the present writ has assailed the findings recorded in the Departmental proceeding by praying to quash the impugned order dated 20.03.2017 passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 214 of 2011, so also the order dated 29.06.2001 awarding penalty to him in such Departmental proceeding and the incidental orders passed on 18.08.2001 and 31.12.2009 by Sr. Postmaster and Chief Postmaster General respectively as well as, to grant all consequential and financial benefits as due admissible to him including the pensionary benefits, in exercise of extraordinary power under Articles 226 & 227 of the Constitution of India.
2. Briefly stated, the petitioner while working as a Stamp Vendor in the Postal Department, faced a Departmental Proceeding initiated against him on 02.02.1997 on the allegation of causing loss of revenue amounting to Rs.132/- to the Department by collecting letters and cash towards full payment of postage from different senders of foreign letters on 15.12.1994 and thereby, deriving unauthorized pecuniary benefits. On 02.06.1997, the
Union of India and others v. P. Gunasekaram
State of Haryana and another v. Rattan Singh; (1977) 2 SCC 491
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Criminal acquittal on benefit of doubt does not bar or nullify departmental disciplinary action, which follows preponderance of probability standard; Tribunal cannot interfere with punishment unless ....
Disciplinary proceedings against government employees must be conducted fairly, based on adequate evidence, and require reasoned decisions to uphold the principles of natural justice.
In disciplinary proceedings, the authority imposing penalties must adhere to procedural fairness, including providing reasons for differing from an inquiry officer's findings and allowing the employe....
Departmental proceedings must comply with established rules, requiring evidence and witness examination; failure to do so invalidates the proceedings.
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