Even upon admission of charges, full disciplinary inquiry mandatory; involuntary admission without due process violates natural justice.

ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this OA, the applicant sought the following relief:

“……….to quash and set aside the Memo No. PMG (H) / ST/21-4/34/AK/WGL/2015 Dated 09-10-2015 issued by the 3rd respondent upholding the decision of disciplinary authority vide Memo No. F4-4/ 2013-14 Dated 31-01-2015 issued by the 4th respondent both being illegal, arbitrary and against the principles of natural justice as envisaged in the constitution of India and direct the respondents to reinstate the applicant immediately with all consequential benefits and be pleased to pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. The brief facts of the case are that the applicant was appointed in the department as GDS MC at Dornakal S.O. on 01.11.1997 and on abolition of the said post, he was relocated as GDS BPM, Gollacharla B.O on 01.05.2005. Since then he was discharging his assigned duties continuously without any complaint either from the members of the public or from the authorities. While so, the applicant was put off duty on 12.12.2013 vide Memo dated 12.12.2013 for the alleged discrepancies by the Asst. Superintendent of Post Offices, Mahabubabad Sub Division, Mahabubabad. Thereafter, the 4^th respondent vide memo dated 07.11.2014 issued charge sheet under Rule 10 of Gramin Dak Sevak (Conduct and Engagement) Rules, 2011, levelling six charges on the applicant which read as under:

ARTICLE-I

It is therefore, alleged that said Sri A. Krishna while working as GDS BPM, Gollacherla BO (Put Off), in a/w Dornakal S.O. during the period from 01-5-2005 to 12-12-2013, it was noticed during the visit by ASP, Mahabubabad Sub division to Gollacherla BO on 11-12-2013 that an amount of Rs. 18456.55 was kept short on 11- 12-2013 in cash balances. The said Sri A. Krishna did not make good the amount on spot. The cash which was found short was brought from his residence at Dornakal which was at a distance of 10 Km. and made good the amount.

It is therefore, alleged that the said Sri A. Krishna has failed to keep cash balance correctly as required by the provisions. Rule 11,174,175, and 177 of Rules for Branch Offices (sixth Edition) and 17 of a Branch Postmaster should do of Rules for Branch Offices and thereby failed to maintain absolute integrity and devotion to duty as required by the provisions of Rule 21 of Department of Posts, GDS (Conduct & Engagement) Rules, 2011.

ARTICLE -II

That Sri A. Krishna while working as GDS BPM, Gollacherla (Put off) BO a/w Dornakal S.O. during the period from 1-5-2005 to 12-12-2013, shown RD deposit total of Rs. 2200.00 in BO RD Journal on 21-11-2013 and credited Rs. 1200 in BO account on 21-11-2013 and remaining amount of Rs. 1000/- was credited to BO account on 22-11-2013. Similarly he shown RD deposit total of RS. 5678/- (5650+28) on 30-11-2013 in BO RD Journal and taken an amount of Rs. 2678/- (2650+28) into account and submitted deposit vouchers for Rs. 5678 to Dornakal SO and failed to credit the amount of Rs. 3000.00.

It is therefore, alleged that the said A Krishna BPM, Gollacherla BO A/W Dornakal SO (put off) has failed to follow the prescribed procedure laid down in Rule No: 174 of Book of Branch Office rules and there by failed to maintain absolute integrity and devotion to duty as required under Rule-21 of GDS (Conduct and engagement) Rules, 2011.

ARTICLE -III

That Sri A. Krishna while working as GDS BPM, Gollacheria (Put off) BO a/w Dornakal SO during the period from 1-5-2005 to 12-12-2013 handed over 10 registered letters received from Dornakal SO on 7-12-2013 and did not