ORDER

PER: RAKESH KUMAR GUPTA, MEMBER (A) 1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

a) Quash the superintendent of Post Offices, Udupi Dn, Udupi- 576101, Memo No. F4-2/2017-18 dated 10.04.2019 vide which the applicant has been removed from engagement which shall not be disqualification for further employment.

b) Quash the order No. SK/STA/9-3/05/2019 dated 20.08.2019 passed by Post Master General, South Karnataka Region, Bangalore at Annexure-

A10 vide which the appeal of the applicant against the penalty order dated 10.04.2019 has been rejected.

c) Consequently, direct the respondents to reinstate the applicant, by imposing any appropriate graded punishment, proportionate to the offence in the interest of justice and equity.

2. MA No. 372/2020 has been filed by the applicant praying for condonation of delay of 40 days in filing the OA. The reason stated in the MA is that the applicant stays at about 500 km away from Bangalore. Due to Covid pandemic, there was a strict lock down and there was no public transport in the state. Therefore, the applicant was not able to travel to Bangalore and file the OA in time. MA No 372/2020 is allowed for the reasons stated therein and the delay of 40 days in filing the OA is condoned.

3. The facts of the case, as pleaded by the applicant in her pleadings, are as follows:

a) The applicant was appointed as GDS BPM at Tenkabettu B.O, with effect from 25.05.2015. The Superintendent of Post Offices, Udupi Dn, Udupi-576101, proposed to hold an inquiry against the applicant under the provisions of Rule 10 of the Department of Posts, Gramin Dak Sevak (Conduct & Engagement) Rules, 2011 vide Memo No. F4-

2/2017-18 dated 24.12.2018.

b) The articles of Charges framed against the applicant are as follows:-

Article I That the said Smt Reshma while working as GDS Branch Postmaster, Thenkabettu BO a/w Santhekatte SO from 25.05.2015, remained absent from duty unauthorizedly on 01.02.2017 and for the period from 01.03.2017 to 14.07.2017 without submitting any leave application and thus contravened the provision under (b) of Rule 7 of GDS (Conduct & Engagement) Rules, 2011 and thereby failed to maintain devotion to duty as required of her under Rule 21 of Department of Posts, Gramin Dak Sevak (Conduct and Engagement) Rules 2011.

Article II That the said Smt Reshma while working as GDS Branch Postmaster, Thenkabettu BO a/w Santhekatte SO during the period from 25.05.2015 is alleged to have accepted the amount of 50/- from Sri Gabrial D Souza, Bethlahem House Thenkabettu Post towards opening of SB account along with required KYC Documents, but failed to account for the amount to BO accounts and also failed to issue SB 26 notice to the depositor and failed to make entry in the BO Journal, SB Journal and Specimen Signature book thereby contravened the provisions of Rule 129, Rule 174 and 175 of Rules for Branch offices Sixth edition (2nd reprint) read with Rule 124, Rule 132 and Rule 134 of Rules for Branch offices (Eighth edition) and thereby failed to maintain absolute integrity and devotion to duty as required of her under Rule 21 of Department of Posts Gramin Dak Sevaks (Conduct and Engagement) Rules 2011.

Article III That the said Smt Reshma while working as GDS Branch Postmaster, Thenkabettu BO a/w Santhekatte SO during the period from 25.05.2015 is alleged to have accepted the amount of 50/- from Smt Gowri W/o Krishna Poojary, Thenkabettu Post towards opening of SB account along with required KYC documents, but failed to account to the PO account and also failed to issue SB 26 notice to the depositor and failed to make entry in the BO Journal, SB Journal and Specimen signature book thereby contravened the provisions of Rule 129, Rule 174 and 175 of Rules for ranch offices Sixth edition (2nd reprint)