Recovery of amounts from retirement benefits without individual liability assessment and notice violates principles of natural justice.

ORDER

Per: Justice Sunil Thomas, Judicial Member -

The applicant joined the Postal Service as a Postal Assistant on 22.05.1990. She was superannuated on attaining the age of superannuation, on 31.05.2018, while working in Thirumala Post Office. During her service, she was engaged in Sasthamangalam Post Office during the period from 01.08.2007 to 28.05.2011. During that period one Jayalakshmi, a GDSBP while working in the same Branch Post Office under Trivandrum Division had allegedly misappropriated a sum of Rs. 9,87,643/-. It was detected on 13.01.2014. Disciplinary proceedings were initiated against her. While so, she committed suicide. On 05.07.2018, after her retirement, she was served with Annexure A1 notice issued by the Postal Department directing her to remit a sum of Rs. 55,930/- on the ground that she was a subsidiary offender along with said Jayalakshmi who had allegedly misappropriated the huge amount, while in service. The amount was deducted from the gratuity amount payable to the applicant. On receipt of Annexure A1, applicant submitted Annexure A2 representation dated 12.07.2018 to the 4^th respondent. Since no reply was immediately received the applicant had submitted Annexure A5 dated 18.01.2019 and Annexure A7 appeal in the Pensioners Grievance Portal.

Both were rejected by Annexures A8 and A9 communications.

2. Aggrieved by the above, the applicant has approached this Tribunal challenging Annexures A1, A6, A8 and A9. The relief sought in the Original Application is to quash the above communications, contending that it was issued in violation of Rule 9 and Rule 71 of CCS Pension Rules .

3. A common reply statement was filed by the respondents denying the allegations. It was stated that a fraud to the tune of Rs. 9,87,643/- by late Jayalakshmi the then GDSBPM of Sasthamangalam Post Office was detected in SB/RD/RPLI account during 2009 to 13.01.2014. On detection of the fraud, she committed suicide and no amount could be recovered from her. Vide paragraph XIV of Circle Level Inspection Report conducted by the 3^rd respondent, it was directed to identify the subsidiary offenders at the accounts office level. Annexure R1 is the circle level inspection report. The 4^th respondent by Annexure R3 communication dated 08.08.2017 apportioned the liability among eleven officials/officers which were duly intimated to the 5^th respondent. The 5^th respondent by Annexure R4 communication ordered recovery of liability from all the persons on whom the liability was imposed including the applicant from whom the sum of Rs. 55,930/- was sought to be recovered. It was stated that applicant was working as SBPA in Sasthamangalam SO during the period from 01.08.2007 to 28.05.2011 and the period of fraud was from 2009 to 13.01.2014. As per Rule 46(i) of POSB Manual Volume I, the balance entered by the depositor in withdrawal form and balance in ledger should be compared and the signature of the depositor should be compared with the specimen signature available on records. The applicant had failed in carrying out this duty and hence Rs. 59,930/- was fixed on him.

4. A rejoinder was filed by the applicant denying the various allegations.

5. Heard both sides and examined the records.

6. The specific contention of the learned Counsel for the applicant was that the entire proceedings were initiated against the applicant behind his back; he was not given an opportunity to raise his contentions and liability fixed on a group of persons without fixing the individual responsibility and apportioning the liability on a group is not legally sustainable. It was further contended that the recovery effected from the gratuity amount was in violation of Rule 9 and Rule 71 of CCS Pension Rules .

7. The modus operandi of said Jayalakshmi, in committing the fraud of Rs. 9,87,643/- is seen from page 2 of Annexure R4. It was stated therein that the late GDSBPM Jayalakshmi was in the habit of accepting cash from the customers as deposits in SB, RD and TD accounts,