Criminal acquittal on benefit of doubt does not bar or nullify departmental disciplinary action, which follows preponderance of probability standard; Tribunal cannot interfere with punishment unless perverse or grossly disproportionate.

O R D E R

PER: HON’BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER

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

“....to call for the records pertaining to the following impugned orders.

1. Memo No.F.IV/1/AV/College Road dated 2.7.2019 (Annexure-VII)

2. Memo No.F.IV/01/AV/College Road TSO dated 14.6.2022 (Annexure-X)

and declare the same as illegal, arbitrary, contrary to the rules and instructions prescribed and in violation of the provisions of the Constitution contained in Articles 14 and 21 and set-aside and quash the said illegal punishment with consequential direction to the respondents to reinstate the applicant into service with all service benefits and pass such other order or orders as deemed fit and proper in the facts and circumstances of the case and in the interest of justice.”

2. Facts of the case, as submitted by the applicant, are given in brief below:

i. The applicant was appointed as GDS, Packer, College Road TSO, Proddatur, with effect from 13.8.1983. Despite discharging his duties sincerely, he was suddenly placed under put-off duty w.e.f. 29.05.2013, for contemplated disciplinary proceedings, without furnishing any reasons and without any prima facie case against him. Sri K. Kullayappa, Sub Post Master, College Road TSO, Proddatur, was alleged to have committed frauds in savings bank accounts and the case was reported to the CBI. During the course of investigation, the CBI inquired with the applicant also and filed charge sheet in the CBI court at Hyderabad, in RC No. 10(A)/2013-CBI-Hyderabad, dated 26.09.2014. The applicant was also named as the 4^th accused among the four in the CBI case, on the following Charge -

“Investigation revealed that Sri Akkem Venkataiah (A-4) did not inform the higher officials regarding fraudulent withdrawal of money from various fictitious Time Deposit accounts and Monthly Income Scheme Accounts with the help of false/fake vouchers in respect of 45 fictitious Time Deposit accounts (44 one year TD accounts and 01 number of two years TD account) in spite of his knowledge about the same and thereby facilitated the fraud committed by Sri K. Kullayappa which caused wrongful loss to the postal Department. Sri Akkem Venkataiah (A-4) instead of reporting about his knowledge on closure of fictitious accounts and misappropriation by Sri Kullyappa, to the higher officers, Sri A. Venkataiah (A-4) received money of Rs.25,00,000/- from Sri K. Kullayappa (A-1) for not reporting the fraudulent designs and misappropriation done by Sri K. Kullyappa (A-1) with the help of Sri K. Madduleti (A-2). Sri Kullayappa (A-1) revealed during his extra judicial confession before Sri M.V.V.Bhaskara Reddy, Assistant Superintendent of Posts on 28.05.2013 stated that Sri Akkem Venkataiah, received an amount of Rs.25 lakhs for not disclosing about the 45 fictitious Time Deposit Accounts and 14 fictitious Monthly Income Scheme Accounts to the higher authorities. Sri Akkem Venkataiah received Rs.25 Lakhs from Sri K. Kullayappa during 2007 to 2011 for not disclosing the fraud/misappropriation committed in respect of various fictitious Time Deposit accounts and Monthly Income Scheme Accounts at College Road Town Sub Post Office, Proddatur as quid pro quo. Thereby Sri A. Venkataiah (A-4