Reserved CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Original Application No.200/54/2019 Jabalpur, this Tuesday, the 03^rd day of December, 2024 HON’BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE MRS. MALLIKA ARYA, ADMINISTRATIVE MEMBER Anil Kumar Yadav, S/o Shri C.P. Yadav, aged about 48 years, Postal Assistant under suspension, R/o Care of Manish Dubey, Kanch Ka Makan, Gantaghar, Katni (MP) – 483501, Mob.9826684900 -Applicant (By Advocate – Shri J.B. Singh)

V e r s u s

1. Union of India through Secretary, Department of Posts, Dak Bhavan, 1 Sansad Marg, New Delhi – 110001.

2. Chief Postmaster General, M.P. Circle, Bhopal – 462012.

3. Senior Superintendent of Post Offices, Jabalpur Division, Jabalpur – 482001 -Respondents (By Advocate – Shri D.S. Baghel) (Date of reserving order : 16.10.2024)

O R D E R By Akhil Kumar Srivastava, JM.-

The applicant is challenging the chargesheet dated 05.10.2015 (Annexure A-2) issued to him under Rule 14 of the CCS (CCA) Rules, 1965. He is also challenging the letter dated 04.01.2019 (Annexure A-9), Page 1 of 8 ANUPAM Digitally signed by whereby the Inquiry Officer has directed the Presenting Officer to submit his written brief within 10 days and the applicant is also directed to submit his brief within 10 days thereafter.

2. Brief facts of the case are that the applicant while working as Postal Assistant at Katni Head Post Office was placed under suspension on 12.12.2024 (Annexure A-1) on account of disciplinary proceedings contemplated against him. Thereafter, he was issued with a chargesheet under Rule 14 of the CCS (CCA) Rules, 1965 alleging that he had committed fraud of Rs.12,70,000/- in Savings Bank Account No.488139 standing in the name of the applicant tempering the data entry by using super user password. On the same charges, an FIR was also lodged with CBI, Jabalpur and the CBI made a raid in the house of the applicant and seized as many as 9 documents. The applicant submits that the CBI found no case against the applicant and also submitted closer report to the Department but Disciplinary Authority despite the fact that the charges in both the criminal case and disciplinary case are similar, still continuing with the disciplinary proceedings.

Page 2 of 8 ANUPAM Digitally signed by

3. In their reply, the respondents have stated that the Assistant Post Master, Head Post Office, Bachat Bank Katni vide its letter dated 12.12.2014 apprised that in Account No.488139 of Head Post Office, the entry of deposited amount of Rs.200000 and Rs. 200000 on dated 03.06.2014 and 04.06.2014 is doubtful. In preliminary enquiry, this fact appeared that on 03.06.2014 and 04.06.2014, the applicant himself in his own account made forged entry of Rs.2 Lacs each, which show remaining balance amount of Rs.4,15,351/-. When physical verification of Account No.488189 was made, it was found that this account was opened in the name of one Shri Akhilesh Kachchi at Rs.50/- and thereafter no transaction is made from this account. Hence, in the aforesaid Account, entry of Rs.2 lacs each were found to be forged. After recording statement of the applicant, he was suspended with immediate effect and the disciplinary proceedings under Rule 14 were initiated against the applicant as he misused the user ID in contravention of vested instructions and manipulated the computer based data.

3.1 During the period from 22.07.2010 to 12.12.2014, the applicant was posted as System Manager at Head Post Office Katni and while his posting, Page 3 of 8 ANUPAM Digitally signed by he misused cumulus post software and super user software to tamper the data entry and in ledger of the year 2012-2013 of his saving back account No.488139 and made forged entry of an amount of Rs.12,70,000/- and this amount was withdrawn and to suppress the defalcation, data was deleted. On enquiry, it was affirmed that the applicant has increased the amount in his Savings Account.

3.2 Shri R.K. Tiwari, Assistant Superintendent Postal Katni, Su