Judicial review in disciplinary proceedings limited to natural justice and evidence existence; punishment modified from removal to termination for GDS misconduct.

ORDER

Justice K.Haripal, Judicial Member

Applicant was GDS Mail Deliverer in Thengumcavu Post Office, within Pathanamthitta Postal Division, from January 1996 till she was placed on put off duty on 07.04.2012. Thereafter, proceedings under Rule 10 of the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 was initiated against her raising three Articles of charges, as extracted below:

“ Article-1 : That the said Smt. V.V. Saralakumary while functioning as GDSMD, Thengumcavu, GDSBO (sic) failed to deliver around 250 unregistered articles of the letter mail entrusted to her for delivery on various dates since 2009 and she kept the said articles in her house in the steel almirah without furnishing the remarks for non-delivery or returning to the BPM, until detected by Assistant Superintendent of Post Offices, Pathanamthitta Sub Division on 4.4.2012 in contravention of Rules 115, 129(1) and 129(2) of Postal Manual Volume VI Part III (corrected upto 30^th June 1986) and thereby failed to maintain absolute integrity and devotion to duty violating Rule 21 of Department of Posts Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011

Article-II: That the said Smt. VV. Saralakumary while functioning as GDSMD, Thengumcavu failed to deliver an ordinary article addressed to Smt. Maniamma, Kaipramurupel House, Thengumcavu P.O., Mallassery entrusted to her for delivery during March-2011 and kept the article inside the Steel Almirah in her house until detected by Assistant Superintendent of Post Offices, Pathanamthitta Sub Division on 4.4.2012 in contravention of Rules 115, 129(1) and 129(2) of Postal Manual Volume VI Part III (corrected upto 30^th June 1986) and thereby failed to maintain absolute integrity and devotion to duty violating Rule 21 of Department of Posts Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011.

Article-III: That the said Smt. VV. Saralakumary while functioning as Thengumcavu P.O., Mallasery failed to deliver an article addressed to Sri. K.V. Asokan, Kalarilkkunnathil House, Thengumcavu P.O., Mallassery entrusted to her for delivery during October, 2010 and kept the article inside the Steel Almirah in her house until detected by Assistant Superintendent of Post Offices, Pathanamthitta Sub Division on 4.4.2012 in contravention of Rules 115, 129(1) and 129(2) of Postal Manual Volume VI Part III (corrected upto 30th June 1986) and thereby failed to maintain absolute integrity and devotion to duty violating Rule 21 of Department of Posts Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011."

2. She denied the charges. Then Sri. S.Ramakrishna Sharma ASP (OD & MKTG), Pathanamthitta was appointed as enquiry authority and Smt.Ashalekshmi S.V. as the presenting officer. Later, on transfer of Sri.Ramakrishna Sharma, Smt.Ashalekshmi was appointed as the enquiry authority and Sri.R.Rattankumar, Inspector of Post Offices as the presenting officer. Subsequently, Smt.Deepa Murali, IP, Adoor Sub Division was nominated as the enquiry authority and Sri.O.M.Manoj was appointed as the presenting officer. On conclusion of enquiry, applicant was found guilty of the charges. Thereafter, disciplinary authority imposed a punishment of removing her from engagement with immediate effect. Against that order, she preferred appeal, but the appellate authority dismissed the appeal on 15.10.2014. Revision was also dismissed by the CPMG.

3. Aggrieved by the same, the applicant has approached this Tribunal