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2025 Supreme(Online)(CAT) 2300
CENTRAL ADMINISTRATIVE TRIBUNAL
Sudhi Ranjan Mishra, J, Pramod Kumar Das, A
Batakrishna Parida – Appellant
Versus
Union of India – Respondent
OA No. 543/2019
For the Appellants/Petitioners: Applicant in person
For the Respondents: Mr. B.R. Swain, Counsel
The imposition of disciplinary action must adhere to principles of natural justice, and failure to provide evidence supporting charges can render such actions invalid.
Headnote:(A) CCS (CCA) Rules, 1965 - Rule 16 - Disciplinary proceedings against a government servant for failure to carry out verification of Savings Bank accounts - Charge sheet issued for negligence leading to fraud - The applicant failed to perform duties assigned, which resulted in significant financial loss due to fraud. The Disciplinary Authority imposed a penalty of withholding promotion for three years. The Appellate Authority later reduced the recovery amount from Rs. 6,40,800/- to Rs. 3,20,400/- in installments. (Paras 1-12)
(B) Natural justice - The applicant argued that the charge sheet was issued after undue delay and that the disciplinary action was based on conjecture rather than evidence. The Tribunal found that the proceedings violated principles of natural justice, leading to quashing of the orders. (Paras 10-11)
| Table of Content |
|---|
| 1. allegations against the applicant for failing to perform duties. (Para 1 , 2) |
| 2. disciplinary authority's observations on the applicant's negligence. (Para 3) |
| 3. details of the appellate authority's decision. (Para 4) |
| 4. arguments presented by the applicant's counsel. (Para 5 , 6 , 7) |
| 5. legal principles regarding delegation of powers. (Para 8) |
| 6. final ruling and consequences of the tribunal's decision. (Para 9 , 10 , 11 , 12) |
ORDER
SUDHI RANJAN MISHRA, MEMBER (J):
The applicant, working as Cash Overseer in Aska HO, Ganjam, has filed this OA challenging and praying to quash the charge sheet vide Memo No. Inv/Stt-16/2003/Sub-1 dated 30.05.2019 and Memo No. F4-2/2018-19/Sialia BO dated 30.05.2019 at Annexure-A/6 & A/7 respectively and the impugned order of punishment vide Memo No. Inv/STT-16/2003/Sub-1 dated 02.07.2019 at Annexure-A/18 and to direct the respondents to consider the case of the applicant for promotion to the cadre of PA/SA with all consequential benefits.
2. The allegation leveled against him in the chargesheet issued under Rule 16 of CCS (CCA) Rules, 1965 vide Memo No. Inv/Stt- 16/2003/Sub-1 dated 30.05.2019 and Memo No. F4-2/2018-19/Sialia BO dated 30.05.2-019 2019 at Annexure-A/6 & A/7 respectively reads as under:
“Sri Bata Krushna Parida while working as O/S Mall, Aska (East) Sub-Division, Aska during the period from 11.07.2015 to 22.04.19 had not submitted the result of verification of the balance of all Savings Bank Accounts (SB/RD/TD/SSA) in respect of Ballichhal BO (in a/w Nuagam S.O) and Hindol BO (In a/w Kabisuryanagar S.O) of his Beat as was ordered to him by the then Inspector Posts, Aska (East) Sub-Division, Aska during the year 2016 vide letter No. A/Misc/2016 Dated 01.06.16 followed by reminders dated 01.09.16, 17.10.16 and 19.12.16. The Inspector Posts concerned had issued such order to Sri Parida keeping in view the instruction issued to him by the Superintendent of Post Offices, Aska Division, Aska vide letter No. Inv/Stt-16/2003 dated 22.01.2016 regarding assignment of offices for cent percent verification of all types of Savings Accounts (SB/RD/SSA) during the year 2016.
Despite issue of aforesaid order by the IP, Aska East Sub- Division, Aska, Sri parida did not submit the verification report of aforesaid BOs violating the instruction of his higher authority, for which the verification report in respect of Ballichhal BO and Hindal BO could not be received at Divisional office in time. Such type of defiance on the part of Sri Parida defeated the very purpose of the scheduled programme Issued by the Divisional Office, Aska for the calendar year 2016 under Letter No. Inv/Stt-16/2003 dated 22.01.2016 regarding carrying out of complete verification of balance in all types of Saving Accounts of aforesaid BOs. Therefore, it is alleged that the said Sri Bata Krushna Parida by his above action failed to perform the task assigned to him by his superior authority within the time set for the purpose Thereby Sri Bata Krushan Parida failed to maintain devotion to duty and acted in a manner unbecoming of a Govt. Servants as required under provision of Rule- 3(1)(ii) and 3(1)(iii) of CCS (Conduct) Rules, 1964.”
“Sri Bata Krushna Parida while working as O/S Mail, Aska (East) Sub-Division, Aska during the period from 11.07.2015 to 22.04.19 had not submitted the result of verification of the balance of all Savings Bank Accounts (SB/RD/TD/SSA) in respect of Sialia BO (in account with KS.Nagar S.O) of his Beat as was ordered to him by the then Inspector Posts, Aska (East) Sub-Division, Aska during the year 2016 vide letter No. A/Misc/2016 Dated 01.06.16 followed by reminders dated 01.09.16,17.10.16 and 19.12.16. The Inspector Posts concerned had issued such order to Sri Parida keeping in view the instruction issued to him by the Superintendent of Post Offices, Aska Division, Aska vide letter No. Inv/Stt-16/2003 dated 22.01.2016 regarding assignment of offices for cent percent verification of all types of
