Disciplinary proceedings against civil servants must adhere to established rules and procedures; the authority's decisions are upheld if they follow due process.

ORDER

Per: Mr. AnindoMajumdar, Administrative Member:

The applicant has approached this Tribunal under Section 19 of the Administrative Tribunal Act , 1985 praying for the following relief(s):

“i) An order directing the respondents to cancel, rescind, withdraw or set aside the purported order dated 15.06.2017 and 05.08.2022 by the PMG Kolkata Region since upheld the undue Disciplinary Order by an incompetent authority already held to be not legally sustainable.

ii) An order directing the respondent authority to implement the solemn order of this Hon'ble Tribunal in Ο.Α. No. 1319/2017, being dated 22.11.2021 in its letter and spirit, that quashed the put off duty order dated 27.05.2014, Revisionary order dated 15.06.2017 and also held that the charge sheet, penalty order and follow up orders of the higher authorities cannot sustain in law and allow the applicant to re-join his duty at the existing rank, pay and status with retrospective effect with all benefits including monetary benefits.

iii) An order directing the respondent authority to reinstate the applicant at his original post and status w.e.f. the date of his being put to put off duty (suspension), in conformity to the Judgement & order dated 20.11.2021 in O.A. 1319/2017 with all consequential benefits, including monetary and other benefits and due interest thereon in the interest of justice @ of 12% per annum or as decided by this Hon'ble Tribunal.

iv) To pass an appropriate order directing the respondents to submit all relevant records of the case before the Hon'ble Tribunal with copies to the Ld. Advocate of the applicant for reference thereto for conscionable justice.

v) Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper.”

2. Facts of the case:

2.1 The applicant, Shri Swapan Kumar Halder was working the post of Gramin Dak Sevak Mail Delivery (GDSMD), Nagpul B.O. with additional charge of GDSBPM of Nakpul B.O. The applicant thereafter submitted vide his letter dated 16.04.2016 (Annexure A-13) against the penalty imposed upon him to the Director Postal Services, Kolkata Region, Kolkata.

2.2 Disciplinary proceedings was initiated against Shri Swapan Kumar Halder, vide Memorandum dated 23.05.2014 following Article of charges framed against the applicant:

“ ANNEUXRE - I

STATEMENT OF ARTICLES OF CHARGE FRAMED AGAINST SRI SWAPAN KUMAR HALDER, GDSMD, NAKPUL BO AND WORKING AS GDSBPM, NAKPUL BO IN A/C WITH BONGAON MDG UNDER BARASAT DIVISION.

Article-1

That Sri Swapan Kumar Halder, CDSMD, Nakpul BO and working as GDSBPM, Nakpul BO (now under put off duty) in account with Bongaon MDG failed to produce a sum of Rs. 88516.00 (Rupees eighty eight thousand five hundred sixteen only) on 22.05.2012 during the surprise visit of Smt Mitali Dey, Inspector of Posts, Bongaon Sub Division to Nakpul BO on 22.05.2012. The closing balance of the office at the close of account dated 22.05.2012 was Rs. 94,166.00 (Rupees Ninty four thousand one hundred sixty six only), but on physical verification of the same it was found Rs. 5,650.00 (Five thousand six hundred fifty only) as produced by the BPM of which an inventory was made in presence of Sri Dilip Kumar Sarkar, Mail overseer, Bongaon Sub Division and Sri Anup Biswas, GDSMD, Murighata BO and working as BPM, Nakpul BO and authenticated by the signature of Sri Swapan Kumar Halder, GDSMD & working as GDSBPM, Nakpul BO and Inspector of Posts, Bongaon Sub Division. The said Sri Swapan Kr. Halder could not produce the shortage of office cash of Rs. 88516.00 (Rs. 94166.00- Rs. 5650.00) as per BO account and BO daily account d