Disciplinary proceedings against public servants must adhere to principles of natural justice; mere procedural delays do not invalidate an inquiry if the accused is given due opportunity to defend.

ORDER

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The present Original Application has been filed under section 19 of the Administrative Tribunals Act , 1985 seeking the following relief:-

(i) To declare that the impugned charge sheet dated 25.11.2019 (Annexure A-1): Inquiry Report dated 04.3.2021(Annexure A-2); Order of penalty dated 21.5.2021 (Annexure A-4); Order- in- Appeal dated 18.11.2021 (Annexure A-6) & Order- in- Revision dated 04.7.2022 (Annexure A-10) are void & legally unsustainable,

(ii) To quash & set aside the impugned charge sheet dated 25.11.2019 (A-1); Inquiry Report dated 04.3.2021(A-2); Order of penalty dated 21.5.2021 (A-4); Order- in- Appeal dated 18.11.2021 (A-6) & Order- in- Revision dated 04.7.2022 (A-10)

(iii) To direct the respondents to restore the applicant to the post of Postal Assistant w.e.f. the date of his reduction to the lower post of postman with all consequential benefits:

2. The facts of the case, in brief, are that the applicant initially joined the respondent Department as Gramin Dak Sewak on 17.04.2000. He was thereafter promoted as Postman on 18.02.2010 and further promoted as Postal Assistant in August, 2015. While working as Sub Postmaster, Ghanari Sub Post Office, the applicant was placed under suspension and a memorandum of charge sheet was issued to him under Rule 14 of CCS (CCA) Rules, 1965 vide memo dated 25.11.2019 (Annexure A-1). The charge sheet contained four Articles of Charge relating to alleged misappropriation and irregularities in respect of certain postal savings accounts and Sukanya Samriddhi Accounts for the period 2017, detailing allegations regarding receipt of amounts of Rs. 50,000/-, Rs. 1,000/-, Rs. 5,000/- and Rs. 25,000/- respectively and failure to account for the same in Government accounts, besides violation of SB Order No. 14/2017 dated 04.10.2017, PO CBS Manual Rule 26(1), Financial Hand Book Volume-I Rule 103 and Rule 3(1)(i)(ii)(iii) of CCS (Conduct) Rules, 1964. Prior to issuance of the charge sheet, the statements of respective account holders/witnesses were recorded twice during preliminary inquiry, but despite contradictions in their earlier and subsequent statements, the impugned charge sheet was issued.

3. The Inquiry Officer and Presenting Officer were appointed vide order dated 06.01.2020. The inquiry proceedings continued and the Inquiry Officer submitted the Inquiry Report after more than 13 months, which was forwarded by the Disciplinary Authority vide endorsement No. F-IV/11/2018 dated 04.03.2021 (Annexure A-2). By the said report, all four Articles of Charge were held proved, mainly relying on statements recorded during preliminary inquiry. The applicant submitted his representation against the Inquiry Report on 12.03.2021 (Annexure A-3). The Disciplinary Authority, however, imposed upon the applicant the penalty of reduction to the lower post of Postman in Pay level-3, from pay level 4 of pay matrix, for the remaining period of service till superannuation, vide Memo No. F- IV/11/2018 dated 21.05.2021 (Annexure A-4).

4. Aggrieved thereby, the applicant preferred a statutory appeal dated 07.07.2021 (Annexure A-5) before the Director Postal Services, HP Circle, Shimla, which was rejected vide Office Memo No. STA/1- 3/2-21 dated 18.11.2021 (Annexure A-6). The applicant thereafter filed a Revision Petition dated 10.04.2022 before the Chief Post Master General, HP Circle (Annexure A-7), which also came to be rejected vide Order-in-Revision dated 04.07.2022 (Annexure A-10). Hence the applicant has appr