CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH OA No. 207 OF 2022 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. Tapan Kumar Sarangi, aged about 31 years, S/o Tarakeswar Sarangi, At present working as Postal Assistant, O/o Superintendent of Post Offices, Kendrapara Division, (under erstwhile Cuttack North Division), At/PO/PS/Dist Kendrapara, PIN

754211.

……Applicant VERSUS

1. Union of India represented through Director General of Posts, Dak Bhawan, Sansad Marg, New Delhi - 110001.

2. Chief Post Master General, Odisha Circle, Bhubaneswar, Khurda 751001;

3. Director of Accounts (Postal), Mahanadi Vihar, Cuttack 753004.

4. Superintendent of Post Offices, Kendrapara Division, Kendrapara, At/PO/PS/Dist Kendrapara

754211.

5. Post Master, Kendrapada Head Post Office, Kendrapada 754211.

……Respondents For the applicant : Mr. L Jena, counsel For the respondents: Mr. B R Swain, counsel O R D E R Hon’ble Mr.Sudhi Ranjan Mishra, J.M.

The applicant challenging the recovery of amount from the salary of the applicant basing on audit report has filed this OA praying for following reliefs:

a) Let the original application be admitted.

b) Let this Hon’ble Tribunal be pleased to hold that the order of recovery directed by the Internal Audit is illegal and arbitrary and further be pleased to hold that the recovery effected by the DDO/Post master, Kendrapada Head Post Office, Kendrapada from the salary of the applicant from the month of April 2022 is equally illegal and arbitray and cannot be sustained in the eye of law.

c) Let the respondents be directed to refund back the recovered amount of Rs. 10000/- and so also the amount already recovered, if any, on the basis of audit report to the applicant by declaring that the effecting recovery from the salary of the applicant is bad in law and contrary to D.G. Posts OM dt. 13.10.2017 under Annexure A/8 and so also annexure A/9 series by which the authorities under Odisha Circle have granted similar benefits to the similarly situated employees.

d) To pass any other order or orders to which this Hon’ble Tribunal deems fit and proper.

2. The brief facts of the case as inter alia averred by the applicant in the OA is that while he was working as PA Kendrapara Head Office, he was directed by the Superintendent of Post Offices (erstwhile Cuttack North Division) to officiate against the vacant post of Inspector3 of Posts in Kendrapara Sourth Division in 6 different spells i.e. 12.07.2018 to 11.02.2019, 13.02.2019 to 09.08.2019, 13.08.2019 to 07.08.20120, 10.02.2020 to 11.04.2020, 1.04.2020 to 13.05.2020 and 15.02.2020 to 16.05.2020. It is submitted that while deploying him during these periods the competent authority had also indicated in his orders that the pay of the official may be fixed at the entry level 7 at Rs. 44,900/-. It is submitted that after completion of such adhoc promotion/officiating period as Inspector of Posts, while the applicant was working as Postal Assistant in O/o Kendrapra Postal Division, the respondents without any such information or show cause, all of a sudden abruptly effected recovery of Rs. 10,000/- from his salary of April 2022 which is in violation of rules and law laid down by Hon’ble Apex Court. It is submitted that when he enquired about it was ascertained that such recovery has been effected on the basis of internal audit report which has suggested to recover around Rs. 49,000/- from his salary. It is submitted that he has filed a representation dated

05.05.2022 and since no action was taken, hence this OA.

3. The respondents in their count4e r inter alia averred that due to vacancy of Inspector of Post in Kendrapara South Sub Division the applicant was ordered to work as such in different spells. It is submitted that during officiating as such, he was allowed TA @ Rs. 800/- by the SPO’s erstwhile Cuttack North Division. It is submitted that Internal Audit Team conducted inspection of O/of the S