Judicial review of disciplinary proceedings is limited to examining the procedural fairness and adherence to natural justice. Restitution of misappropriated funds does not mitigate the gravity of the misconduct, as public servants are held to high standards of integrity, and appellate interference with punishment is restricted.

O R D E R

PRAMOD KUMAR DAS, MEMBER (A):

Fact of the matter is that during verification, it was found by the department that the applicant in the capacity of Gramin Dak Sevak Branch Post Master, Baisinga BO in account with Badasuanlo SO under Dhenkanal Postal Division had collected amounts from depositors to deposit in their respective Savings Banks, Recurring Deposits and Sukanya Samridhi Accounts, which he had entered in the respective SB/RD/SSA passbooks with his signature and Branch PO Date Stamp but did not credit the said amount into Govt. accounts. Alleging misappropriation of Govt. Money/omission/commission, departmental proceedings were initiated against him under Rule 10 of the Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 vide Memo dated 26.02.2018. The sum and substance of the allegation made against him in the memorandum of charge is as under:

“Article-I

Shri Manas Ranjan Das while functioning as GDSBPM, Baisingha BO, in account with Badasuanlo S.O. during the period from 06.09.2010 to 04.10.2015 accepted a sum of Rs.4000/- and Rs.2500/- from Sri Nirmal Diani, depositor of SB pass book account No. 1071621 on 11.06.2015 (as per date stamp in the pass book) and 08.09.2015 (as per date stamp in the pass book) respectively along with the sald pass book and pay in slip for deposit. The said Shri Das, after entering the aforesaid deposit amounts on the aforesaid dates in the said pass book did not credit the above noted deposit amounts into Govt. account on the dates of deposit or on any other subsequent dates. By the above acts, the said Shri Das violated the provisions contained in Rule-133(2) and the instruction No. 20 under caption "What a BPM should not fail to do incorporated in "Rules for Branch Offices" Eighth Edition, corrected up to 28 September, 2007 and thereby put pecuniary loss of Rs.6500/- to the Govt. on the dates of deposit as noted above and thereby committed grave misconduct.

It is therefore imputed that Shri Manas Ranjan Das, in the capacity of GDSBPM, Baisinga B.O. failed to maintain absolute integrity and devotion to duty as enjoined in Rule-21 of GDS (Conduct & Engagement) Rules, 2011.

Article-II

That during the aforesaid period and while functioning in the aforesaid capacity, the said Shri Manas Ranjan Das accepted a sum of Rs 4000/-, Rs. 1000/- and Rs. 300/- from Sri Pabitra Moharana, depositor of SB pass book account No. 1069801 on 24.07.2015 (as per date stamp in the pass book), 26.08.2015 (as per date stamp in the pass book) and 16.09.2015 (as per date stamp in the pass book) respectively along with said pass book and pay in slip for deposit. The said Shri Das, after entering the aforesaid deposits on the aforesaid dates in the said pass book did not credit the above noted deposit amounts into Govt. account on the dates of deposit or on any other subsequent dates. By the above acts, the said Shri Das violated the provisions contained in Rule-133(2) and the instruction No. 20 under caption "What a BPM should not fail to do incorporated in "Rules for Branch Offices" Eighth Edition, corrected up to 28 September, 2007 and thereby put pecuniary loss of Rs.5300/- to the Govt. on the dates of deposit as noted above and thereby committed grave misconduct.

It is therefore imputed that Shri Manas Ranjan Das, in the capacity of GDSBPM, Baisinga B.O. failed to maintain absolute integrity and devotion to duty as enjoined in Rule-21 of