CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 5th day of February, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member Jadav Umesh, S/o. Late Jadav Vittal, Aged 27 years, (Removed) Occ: GDS-BPM, Kokasmannar B.O., A/w. Echoda, Adilabad Division, Adilabad District, (T.S.).

... Applicant.

(By Advocate: Mr. B Gurudas)

Vs.

1. Union of India: Represented by The Chief Postmaster General, TS Circle, Abids, Hyderabad - 500 001 (T.S.)

2. The Post Master General, Hyderabad Region, Abids, HYDERABAD - 500 001 (T.S.)

3. The Director General of Posts, O/o. the Post Master General, Hyderabad Region, Abids, HYDERABAD - 500 001 (T.S.)

4. The Superintendent of Post Offices, Adilabad Division, Adilabad District, (T.S.).

... Respondents.

(By Advocate: Mrs. B Gayatri Varma, Sr. CGSC)

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Digitaly signed by KARAN DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= DEPARTMENT OF PERSONNEL AND TRAINING, PostalCode= KARAN5

1 0 S 0 T 0 F 0 L 4 O , L O = R H y H d A e C ra A b a B d H , A S W =T A e N la H ng Y a D n E a R , S A T B R A E D E , P T= h N on O e =

5-10-193 cf00bb597b6051b5a127d240a608798336d0ecf5a9520b401698 ORAL ORDER (As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicant is seeking the following relief:

“This Hon'ble Tribunal may be pleased to call for the records pertaining to the following impugned orders, 1. Memo No.ST/21-7/JU/ADB/12,dt. 10.1.13 - (A-III); 2. Memo No. PMG(H)/ ST/JU/ADB/2016,dt. 1.8.16 -(A-IV); and declare the same as illegal, 'arbitrary and against the rules and principles of natural justice and in violation of the provisions of the Constitution, set-aside and quash the said illegal penalty of removal from service awarded to the Applicant (A-III) with consequential directions to the respondents to reinstate the applicant into service with all benefits and pass such other order or orders as the Hon'ble Tribunal deems fit and proper in the circumstances of the case and in the interest of justice.”

2. The brief facts of the case, as stated by the applicant are that he was appointed as GDS-BPM, Kokasmannur BO, a/w Echoda SO, w.e.f. 31.8.2008 in Adilabad Division in Adilabad District. While the matter stood so, he was kept under put-off duty w.e.f. 05.02.2010 by the 4th respondent for the contemplated disciplinary action vide memo dated 05.03.2010. After eight months, 4th respondent issued charge sheet under Rule 10 of GDS (Conduct & Engagement) Rules, 2011, vide memo dt.

10.11.2010, containing the following minor allegations:

Article - I "That the said Sri Jadha Umesh while working as GDS BPM Kokasmannoor BO a/w Echoda SO during the period from 31.08.2008 to 04.03.2010 accepted an amount of Rs.2098/- on two dates i.e.Rs. 1049/- on 08.05.2009 and Rs. 1049/- on 23.09.09 from the insurant of RPLI policy holder in r/o policy No.HR-EA 361377 towards subsequent premium @ Rs.258/- per month for 02/09 to 05/09 and 06/09 to 09/09 with fine and service tax and failed to credit the amount into BO account of Kokasmannoor BO a/w Echoda SO on the respective dates or subsequently.

It is therefore, imputed that Sri Jadhav Umesh GDS BPM Kokasmannoor BO a/w Echoda So failed to follow the provisions of Rule 51-A (2) (i), (ii) and (iii) and Rule 133 and 174 of Book of BO Rules and read with instructions of directorate vide Ni.5-1/94-LI, dated 7/94, thereby failed to maintain absolute integrity and devotion to duty as required by him under Rule-21 of GDS (Conduct & Employment) Rules-2001.

Article - II "That during the afore said period and while functioning in the afore said office, the said Sri Jadhav Umesh GDS BPM, Kokasmannoor BO a/w Echoda SO accepted an amount of Rs.300/- on 26.10.2009 from the depositor of RD a/c No. 1021477 towards subsequent deposits for the month of September 09 and October 09 and failed in credit the amount into BO accounts of Kokasmannoor BO a/w Echoda SO on the said date or subsequently.

Digitaly signed by KARAN DN: C=