ORDER

(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) Heard learned counsels, Mr. R.Malaichamy for the applicant and Mr.J.Vasu for the respondents.

2.The applicant has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

"1. To call for the records of the 1st Respondent pertaining to his order which is made in Memo No.STC/13-142/2016 dated 25.02.2016 and the charges issued by the 2nd Respondent vide Memo No.F1/4/I/2014-15 dated 06.08.2015 and the order of removal from engagement made in Memo No.F1/4/I/2014-15 dated 26.10.2015 and set aside the same; consequent to,

2. direct the Respondents to reinstate the Applicant into service with all service benefits; and

3. To pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case."

3.The brief facts of the case as stated by the applicant are as follows: The Applicant was selected and appointed to the post of GDS BPM, Sillarahalli BO, a/w. Kadathur SO on 01.09.2008 on merit. She has discharged the duty of BPM with utmost care and devotion to duty. While so, the Inspector Posts, Dharmapuri East Sub-Division, Dharmapuri, placed the Applicant under put off duty, w.e.f. 11.12.2014, pending contemplation of disciplinary case against her, vide his memo, dated 11.12.2014. Thereafter, the 2nd Respondent ratified the order, dated 11.12.2014, vide his memo, dated 16.12.2014.

2.1The Applicant was issued with a charge memo, dated 06.08.2015, by the 2nd Respondent, under Rule 10 of Department of Posts Gramin Dak Sevaks (Conduct and Employment) Rules, 2011. It has been alleged that the Applicant did not bring the proceeds of BPCOD for Rs.3200/- which was delivered on 02.12.2014 into Post Office account, but credited the amount into the said account on 04.12.2012. The another charge is that she has accepted Rs.1596/- from M.Kumar towards RPLI policy, being the premium for the half year from October 13 to March 14, on 07.05.2014 and belatedly brought into accounts on 09.05.2014.

2.2On receipt of the charge memo, the Applicant replied, vide letter dated 17.08.2015 that Smt.Salee, the addressee came to BO late in the evening of 02.12.2004 after closing the BO accounts and BO bag. Therefore, the Applicant intended to credit the amount of Rs.3200/- received from her into Post Office account on 03.12.2014. But, due to her sudden illness she could not credit the amount on 03.12.2014, but credited the same on 04.12.2014.

With regard to RPLI premium of Rs.1596/-, the Applicant prepared the receipt for Rs.1596/- and put the date stamp on the receipt in good faith, but the said insurant Shri.M.Kumar had handed over Rs. 1500/- only. When questioned for the balance amount he left the BO with an undertaking that he would bring the amount immediately from his house and also took the said amount of Rs.1500/- with him. But, he did not turn up on the said day, i.e., on 07.05.2014. He came to the office only on 09.05.2014 and gave the said amount Rs.1596/- to the Applicant and hence she has brought the amount into the Post Office account on the same day i.e., on 09.05.2014.

2.3Since, the Applicant denied the charges, an inquiry was conducted. During inquiry, the IO and PO wanted to close the inquiry without examining the witnesses. Hence, the Applicant was explained about the charges as if she has not committed any misconduct and it was only a belated credit and got admission of charges from the Applicant. The Applicant was supplied with the inquiry report to give reply for the same by the 2nd Respondent, vide his memo, dated 31.08.2015/02.09.2015. The Inquiry Officer held the charges levelled against the Applicant as proved on the ground of alleged admission of charges by her.

2.4The Applicant did not admit that she has committed misconduct as alleged in the charge memo. She has admitted only the incident with regard t