Admission of guilt in disciplinary proceedings cannot be contested later; courts seldom interfere with the quantum of punishment unless shockingly disproportionate.

PER: JUSTICE B.K. SHRIVASTAVA, MEMBER (J)

1. This OA has been filed on 13.08.2024 for seeking quashment of order dated 12.1.2024 (Annexure A-3) and order dated 25.04.2024 (Annexure A-5). The reliefs claimed in the Original Application is as under:

“1. Quash the O/O superintendent of post offices, karwar Division, karwar-581301 Memo No. KWR/F/PSs/2023 dated: 12-1- 2024 Annexure-A3 issued by respondent No.5.

2. Quash the O/O Post master General, North Karnataka Region, Dharwad-580001 Memo No. NKR/VIG/ Appeal/086/2023 dated; 25-4-2024 Annexure-A5 issued by respondent No.4.

3. Consequently direct the respondent to reinstate the applicant in service from 12-1- 2024, with all consequential benefits.

4. Grant any other relief as deemed fit into the facts and circumstances of the case, in the interest of justice and equity.”

2. It is an admitted fact that the applicant was appointed as GDS BPM on 13.03.2016 and thereafter she was selected as ‘Postal Assistant’ through Limited Departmental Competitive Examination and appointed as ‘Postal Assistant’ with effect from 22.04.2022.

3. A charge sheet Annexure A-1 dated 16.08.2023 containing 12 charges was issued to the applicant. The applicant submitted the reply to the aforesaid charge sheet on 22.08.2023. Thereafter, the Inquiry Officer and the Presenting Officer were appointed. The applicant admitted all charges; therefore, the Inquiry Officer submitted his report dated 20.10.2023 (Annexure R-4). The aforesaid report was communicated to the applicant then she also submitted her reply. Thereafter, the punishment order Annexure A-3 was passed on 12.01.2024 by which the applicant was removed from service. The applicant preferred an appeal (Annexure A-4) dated 12.02.2024, which was also dismissed by the Competent Authority vide order dated 25.04.2024 (Annexure A-5).

4. It is submitted by the applicant that entire amount has been deposited. The applicant challenges the aforesaid order of termination upon the ground that:-

(i) Applicant was forced to accept the charges. Upon the basis of admission, the punishment order has been passed and the applicant has been removed from service.

(ii) Harsh punishment has been given. Looking to the nature of misconduct committed by the applicant, some leniency was required in the quantum of punishment.

5. The respondents opposed the claim of the applicant by filing the written reply statement on 02.12.2024. The respondents submitted that on 22.08.2023 (Annexure R-2) the applicant admitted the all 12 charges. During the inquiry, she also admitted the charges. In this regard, she submitted the written admission on 19.10.2023 (Annexure R-3). Upon the basis of the aforesaid admission, the punishment order has been passed. The applicant voluntarily admitted the charge. There was no pressure upon the applicant by the Department. Looking at the misconduct of the applicant, proper punishment has been awarded. Therefore, no interference is required.

6. It appears that the Inquiry Officer submitted his report (Annexure R-4) upon the basis of admission of all charges made by the applicant herself on 19.10.2023. The respondents submitted the copy of written admission of the applicant which was submitted by the applicant during the inquiry sitting dated 19.10.2023 (Annexure R-3). It is stated in Annexure R-3 that:

“From,

Poornima Suresh Shedgeri,

PA Karwar HO

Karwar-581 301

To,

Arun N Kamat

IO & ASP HQ

O/o SPO’s Karwar-581301

Respected Sir,

Sub: Regarding Departmental Enquiry against me. 1, Poornima Suresh Shedgeri, PA Karwar HO, today on 19.10.2023 at 11.30hrs, as per your letter No.KWR/IO/Karwar HO/PSS/2023 dtd 03.10.2023, I am attending for the departmental enquiry at Aversa Post Office. Superint