ORDER

(Pronounced by Hon'ble Mr. Varun Sindhu Kul Kaumudi, Member(A)) In the instant OA, the applicant seeks the following relief:-

"a) To call for the records in relating to the impugned orders made in Memo No. STB/15-257/2015 dated at Coimbatore 641 002 the 13.04.2015 passed by the 1st respondent herein in confirming the order of punishment of removal from service passed in Memo No. F1/III-I/13-14, dated at Thirupathur 635 601 the 16.12.2014 passed by the 2nd respondent herein and quash the same, consequently direct the respondents to reinstate the applicant into service as postman with continuity of service and pay all monitory other service benefits.

b) and pass such further or other orders as this Hon'ble Tribunal may deem fit to the facts and circumstances of the case and thus render justice."

2 Brief facts of the case, in a nutshell, are as under:

2.1 The applicant submits that he was appointed as Postman, Ambur, SO, on 21.07.1990, on compassionate grounds, and, on completion of 16 years, TBOP was granted to him. After 24 years of service in the Department as Postman, he got promotions as Mail Overseer and Head Postman. He has completed 27 years of service in the Respondent Department without any remarks. He worked as Postman, Ambur SO-

635802, from 03.03.2012 to 21.09.2013. While working as Postman, he made payment of eMOs (Old Age Pension-OAPs) to the beneficiaries in the jurisdiction of Ambur SO. On 21.09.2013, he was suspended from service and disciplinary proceedings were initiated against the applicant. On 24.09.2014, articles of charge were served on the allegation of misappropriation of amounts of eMOs, payable to one Shri. Murugesan, S/o. Sadaiyan, and Shri. Govindan, S/o. Muniyan, since, both of whom had already died. An enquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, was held. He has submitted that the payment of eMOs was made to the respective person's family and the same was acknowledged by them after affixing their thumb impressions. The amount of eMOs (Old Age Pension) has to be paid to the respective beneficiaries, after getting attestation from witnesses and the same was also done by him. But, the old age pension beneficiaries, viz., Murugesan and Govindan, had died on 28.09.2012 and 14.12.2012, respectively. But, there was no information with regard to their death and, thereafter, the amount was paid in their name. Hence, charges were framed against the applicant under Articles I and II.

2.2 The applicant further submits that no proper enquiry was made and in the prevailing and compelling situation, admission was made by him before the IO, for recommending his case for minor punishment and admonition. But, an order of removal from service was passed on 16.12.2014 by the 2nd respondent. Thereafter, an appeal was filed before the 1st respondent on 29.12.2014. The appeal was rejected by the 1st respondent on 13.04.2015 and the same was communicated to the applicant on the 1st June, 2015. According to the applicant, proceedings were issued by the Inspector of Posts, Vaniyampadi Sub Division, Vaniyampadi, and directing him to remit the amount of Rs.55,000/- and the same was remitted by the applicant. Pursuant to the said remittance, a claim application was filed by the Special Tahsildar, Social Security Scheme, and the amounts were repaid to him. Therefore, the punishment of removal from service is disproportionate and against Articles 14, 16 and 21 of the Constitution of India.

2.3 The following are the grounds raised by the applicant while seeking relief:-

It is submitted that the order for removal from service dated,

16.12.2014, issued by the 2nd respondent and confirmation of the above said punishment by the 1st respondent, on

13.04.2015, are illegal, unjust, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India. Punishment against the applicant i