CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH OA No. 194 OF 2021 Reserved on :06.01.2026 Pronounced on :07.01.2026 Coram : Hon’ble Mr. Sudhi Ranjan Mishra, Member (J)

Hon’ble Mr. Pramod Kumar Das, Member (A)

1. Dharanidhar Behera, aged about 53 years, Son of Late Kelu Behera, At/PO Gandarpur, Via Baranga, PS Nandankanan, Dist Khurda 754005.

……Applicant VERSUS

1. Union of India represented through its Secretary, Department of Posts, Ministry of Communications & Technology, New Delhi.

2. The Director, Postal Services (Hqrs), O/o the Chief Postmaster General, Odisha Circle, Bhubaneswar, Dist Khurda 751001.

3. Senior Superintendent of Post Offices, Cuttack City Division, At/PO/Dist Cuttack 753001.

4. Mr. G Sahoo, Inquiring Authority-cum-ASP (Legal Cell), O/o the Chief Postmaster General, Odisha Circle, Bhubaneswar, Dist Khurda 751001.

……Respondents For the applicant : Mr. B S Tripathy, counsel For the respondents: Mr. S K Pradhan, counsel O R D E R Hon’ble Mr.Sudhi Ranjan Mishra, J.M.

The applicant challenging the inquiry report dtd.

24.10.2019, order of punishment dtd. 23.01.2020 and order passed by the appellate authority dtd. 01.01.2020 has filed this OA praying for following reliefs:

a) To pass appropriate orders quashing the inquiry report dtd. 24.10.19 in Annexure A/2 as well as the impugned order of punishment dtd. 23.01.2020 in Annexure A/3.

b) To pass appropriate orders quashing the order dtd.

01.10.20 passed by the appellate authority (respondent no. 2) in annexure A/6 and directing the respondent for reinstatement of the applicant in to his services; and c) Pass such further order(s) as may be deemed fit and proper and allow this OA with cost.

2. The brief facts of the case as inter alia averred by the applicant in the OA is that he while working as GDSBPM in Gandarpur BO under Chandni Chowk HO was placed under put off duty on 23.09.2013 in contemplation of initiation of disciplinary proceeding. It is submitted that memorandum of charges dated 12.06.2015 alleging four articles of charges for alleged misappropriation of money of the depositors during the period from 27.03.1999 to 23.09.2013 were framed under Rule

10 of GDS (Conduct & Engageme3n t) Rules 2011. It is submitted that applicant filed his explanation dated 20.08.2015 denying the charges and requesting to drop the proceeding. It is submitted that thereafter oral inquiry was conducted in 11 sittings and no depositors concerned participated in the inquiry proceeding in spite of notices made sufficient of them. It is submitted that the enquiry officer on conclusion of enquiry submitted his inquiry report dated 24.10.2019 and came to finding that the article of charges were proved. It is submitted that basing on the inquiry report Respondent No. 3 passed order dated 23.01.2020 removing the applicant from his services. It is submitted that applicant had filed appeal dated 28.02.2020 and had approached this Tribunal in OA No. 385/2020 which was disposed of vide order dated 25.09.2020 directing the respondents to dispose of his appeal. It is submitted that appellate authority vide order dated 01.10.2020 rejected the appeal of the applicant and confirming the order of disciplinary authority. Hence the OA.

3. The respondents have filed counter inter alia averring that applicant while working as GDSBPM, Gandarpur BO during the period 27.03.1999 to 23.09.2013 acce4p ted deposits on different dates from several depositors for credit in their SB/RD account and RPLI polices. It is submitted that applicant made necessary entries in the passbooks by impressing date stamp of Gandarpur BO but the amounts so accepted and entered in the concerned pass books were not noted in BO records and also not taken into BO Account. It is submitted that during investigation, fraud misappropriation in seventeen nos. of RPLI/SB/RD accounts involving to the tune of Rs. 1,91,934/- came to light. It is submitted that disciplinary proceedings were initiated as per rules and the applicant was given due opportunit