ORDER

(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) By this OA, the applicant is seeking the following relief:

“( i)To call for the records of the 3 rd respondent pertaining to his charge sheet made in No.GDSMP/TGM/KB dated 08.10.2013, the order of removing the applicant from engagement made in No.GDSMP/TGM/KB dated 29.11.2013, the order of 2nd respondent made in Memo No.AP/DO/3/2013-14 dated 18.02.2014 and the order of 1 st respondent made in Memo No.STC/4-9/2014 dated 11.07.2014 and set aside the same; consequent to, (ii)To direct the respondents to reinstate the applicant into service with all attendant benefits”

2.The brief facts of the case in nutshell are as under: The applicant has been appointed as Gramin Dak Sevak Mail Packer (GDSMP). He was issued with a chargesheet dated 08.10.2013 by the 3rd respondent. The charge sheet contains only one article of charge as under:-

“Article-I: Shri K.Boopesh, GDS Mail Packer, Thogaimalai SO while working as GDS MD Sivayam BO a/w Vaigainallur SO was awarded with a punishment of debarring from appearing in the recruitment examination for the post of Multi Tasking Staff Group 'C', Postman and debarred from being considered for recruitment of Postal/Sorting Assistant for a period of three years with immediate effect vide memo No.DA/01/20112-13 dated 21.06.2012 of Inspector of Posts, Kulithalai Sub division Kulithalai 639 104 for the contravention of the provisions of Rule 106 of Book of BO Rules and Rule 66 and 86 of Book of BO Rules and consequent failure to maintain absolute integrity and devotion to duty required of him vide Rule 21 of Department of Posts, Gramin Dak Sevaks [Conduct and Engagement] Rules 2011, since he had kept office cash short by Rs.2480/- [Rs.Two thousand four hundred and eighty only] on 21.09.2010 which was entrusted to him for effecting MO payment and failure to deliver 4 accountable articles and 3 ordinary articles.

That the said Shri K.Boopesh while working as GDS Mail Packer, Thogaimalai SO has received a sum of Rs.2040/- on 06.07.2013 from one Shri V.Palraj, Proprietor, Arasan Motors, Thogaimalai towards deposit in SB Account No.316 747 standing open at Thogaimalai SO in the name of Shri K.Selvam, SO Kannayan, V.Poosaripatti, Nallampillai, Thogaimalai SO along with the said pass book. The GDS who received the said amount of deposit failed to make deposit of the same in the said SB account on 06.07.2013 or thereafter and thereby failed to maintain absolute integrity and devotion to duty as required of him under Rule 21 of Department of Post GDS [Conduct and Engagement] Rules 2011.”

As a result, as per Rule 10 of Gramin Dak Sevak (Conduct & Employment) Rules 2011, an inquiry was conducted and based on IO report, a penalty of “Removal from Engagement” was awarded to the applicant by the 3rd respondent, vide order dated 29.11.2013. The applicant has requested the 2 nd respondent to reinstate him into service, citing his family condition. The said request letter was construed as appeal and the same was rejected by the 2nd respondent, vide order dated 18.02.2014. Thereafter, the applicant preferred a Revision Petition to the 1st respondent on 10.05.2014 elaborating the injustice meted out to him by a hasty conclusion of Rule 10 of GDS(C&E) Rules, 2011 inquiry and requested his reinstatement. The said revision petition was also rejected by the 1st respondent, vide order dated 11.07.2014 without taking into consideration the points raised by the applicant in his revision petition. Being aggrieved, the applicant has filed this OA.

3.After notice, the respondents have entered appearance through their counsel and filed their counter. The respondents have submitted that the applicant in his defence dated 19.10.2013 has admitted the charges unconditionally. Therefore, it was felt to hold an inquiry under Rule 10 in order to decide the case and thereafter, against the s