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2024 Supreme(Online)(CAT) 16093
CENTRAL ADMINISTRATIVE TRIBUNAL
LATA BASWARAJ PATNE, Judicial Member, SHALINI MISRA, Administrative Member
Sk.Md.Ghouse – Appellant
Versus
Union of India – Respondent
OA
For the Appellants/Petitioners: Mr.SK.Md.Ghouse, Party-in- Person
For the Respondents: Mrs.B.GayatriVerma, Sr. CGSC
Tribunal cannot interfere with disciplinary penalty unless arbitrary, perverse, or mala fide; limited to judicial review.
Headnote:The applicant, a postal assistant, faced disciplinary proceedings under Rule 14 of CCS (CCA) Rules, 1965, for irregularities in handling NREGS account withdrawals at Gajjalakonda SO during 2006-2010, violating Rule 33(7) of POSB Manual Vol. I, Rule 68 of Postal Manual Vol. VI (Part III), and Rule 3(i)(i)&(ii) of CCS (Conduct) Rules, 1964, including failure to verify accounts leading to non-payment to wage seekers. Charges were framed via charge sheet dated 18.06.2013; inquiry held charges proved after applicant's admission; punishment imposed and upheld through appeals. Court found proceedings consistent with natural justice, no arbitrariness in findings or penalty. Issues framed around validity of charge sheet, inquiry fairness, bias allegations, and proportionality of punishment under Articles 14, 16, 21. Ratio: Tribunal's jurisdiction limited to judicial review; cannot substitute penalty unless mala fide or perverse, as per Supreme Court in Parma Nanda (1989 (2) SCC 177); applicant admitted charges unconditionally, proceedings followed rules. OA dismissed; punishments upheld without interference.
| Table of Content |
|---|
| 1. disciplinary charges for nregs irregularities and procedural challenges. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. respondents defend inquiry, admission, and penalty proportionality. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. limited judicial review in disciplinary matters per supreme court. (Para 14 , 15 , 16) |
| 4. oa dismissed upholding punishment. (Para 17) |
ORDER
PER HON’BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER
The applicant, appearing in person, has filed this OA seeking the following relief:
“To set aside the charge sheet in Memo No.F/4-3/10, dt: 18.6.2013, and the order No.F/4-3/2010, dt 30.08.2014, passed by the 4th respondent, the order No.INV/13/SMG/2014, dt 17.2.2015 passed by 3rd respondent and the order No.ST/VP-SKMDG/KNL/2015, dt 3.2.2016 passed by the 2nd respondent by declaring the same as arbitrary, illegal, without application of mind, unfair and violation of Articles 14, 16 and 21 of the Constitution of India, and consequently direct the respondents to refund the amounts so withheld from the pay and allowances of the applicant in pursuant to the orders of R-3 and 4 and consequential benefits due to the applicant, and pass such other or further orders as deemed fit and proper in the facts and circumstances of the case.”
2. The brief facts of the case, according to the applicant, are that he was appointed as Postal Assistant in Nandyala Postal Division on 07.05.1988. He had been given financial upgradation under Time Bound One Promotion (TBOP) Scheme w.e.f. the year 2004, and as such working continuously till date. While he was working as Postal Assistant in Markapur Head Post Office, Nandyala Division of A.P.Southern Region, AP Circle, a memorandum of charges was served on him proposing to hold an enquiry in respect of the following Articles of charge of misconduct under Rule 14 of the CCS (CCA) Rules, 1965, vide memo No.F/4-3/10, dated 18.06.2013 issued by the Superintendent of Post Offices, Nandyal Division:
“Article-I:
Sri Sk.MD.Gouse, PA, while working as SPM, Gajjalakonda SO during the period from 31.7.06 to 19.7.2010 has allowed to pay the withdrawals of NREGS accounts, mentioned hereunder pertaining to Gajjalakonda SO, Gajjelakonda Sub Post office at Kalivelapalli Branch Office, and as a result the BPM Kalivilapalli BO failed to pay the amounts of NREGS withdrawals in these accounts:
| Sl.no | Date of withdrawal | NREGS account number | Account of withdrawal in RS |
| 1 | 26-10-09 | 1905194 | 500-00 |
| 2 | 26-10-09 | 1905239 | 500-00 |
| 3 | 19-10-09 | 1910410 | 600-00 |
| 4 | 19-10-09 | 1910411 | 600-00 |
| 5 | 19-10-09 | 1910412 | 600-00 |
| 6 | 19-10-09 | 1910414 | 600-00 |
| 7 | 19-10-09 | 1910415 | 600-00 |
| 8 | 19-10-09 | 1910418 | 600-00 |
It is therefore alleged that Sri Sk.MD Gouse, the then SPM, Gajjalakonda SO and present Postal Assistant, Markapur HO, by committing above irregularities has become responsible for occurrence of charging of withdrawals of NREGS accounts in Kalivelapalli BO a/w Gajalakonda SO and consequent non-payment of withdrawal amounts to the wage seekers contravening the provisions of MOU of NREGS accounts communicated to all the SPM/HPMS in Nandyal division through this office letter number L/NREGS/2006, dated 15.11.2006 and Rule 33 (7) of POSB Manual Volume I, and thereby failed to maintain absolute integrity and devotion to duty as required in Rule No.3 (I) (i) and (ii) of CCS (Conduct) Rules, 1964.
Article-II
Sri Sk.MD.Gouse, PA, Markapur HO, while working as Sub Postmaster, Gajjalakonda SO during the period from 31.7.06 to 19.7.2010 has failed to verify the particulars of NREGS accounts as to whether the accounts are related to SO or BO while remitting the amounts on the dates as particularized below for effecting the payment of NREGS withdrawal amounts to Kalivelapalli bO A/W Gajjalakonda SO. The BPM has utilized the opportunity and showed the amount of withdrawals in NREGS accounts as paid.
| Serial number | Date of remittance to the BO | Amount remitted to the BO |
| 1 | 3-10-09 | Rs. 5900-00 |
| 2 | 9-10-09 | Rs. 6200-00 |
| 3 | 19-10-09 | Rs.31500-00 |
| 4 | 26-10-09 | Rs.31500-00 |
| 5 | 29-10-09 | Rs.21400-00 |
| 6 | 30-10-09 | Rs.22600-00 |
It is therefore all
