Judicial review in disciplinary matters limited; cannot substitute punishment if inquiry fair and evidence-based.

(As per Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member)

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

“…to quash and set aside the Memo No. ST/VP-AJ/NZB/ HR / 2020 Dated 27-07-2021 Memo No. PMG (H) / ST / 21-3 / 3 / AJR / NZB / 2020 Dated 28-07-2020 Memo No. F 6-1 / 15-16 Dated 31-12-2019 imposing the harsh punishment of reduction by 8 stages in the pay matrix of the applicant from Rs. 48,200/- (Level 5, Index 18, 7^th CPC Matrix) to Rs. 38,100/- (Level 5, Index 10, 7th CPC Matrix) for a period of 5 years with effect from 01-01-2020 with a further direction that the applicant will not earn increments of pay during the period of reduction and that on the expiry of the period the reduction will have the effect of postponing his future increments of pay being disproportionate, unconsciousness, illegal, arbitrary, against the law and pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case..”

2. The brief facts of the case, as stated by the applicant, are as under:

i. The applicant was appointed as a Postal Assistant (in short PA), on

12.02.1997, in the Dept. of Posts and has put in more than 19 years of service in the department. While working as PA, Kamareddy HO, a Rule 14 charge sheet was issued to him, by the 4^th Respondent, vide Memo, dated 28-11-2016, on the following Articles of Charge:

Article 1 Sri A. Jayanand Rao, PA Kamareddy HO, while working as SPM Rudrur SO during the period from 07-05-2013 to 02-07-2015 had kept shortage of cash to the extent of Rs. 2,64,272-25 ps in SO cash balance on 29-06-2015. The said Sri A. Jayanand Rao, PA Kamareddy HO admitted the shortage of cash in his statement dated 10-12-2015 given before ASPOs, Nizamabad North Sub Division. It is therefore, alleged that Sri A. Jayanand Rao, PA Kamareddy HO while working as SPM Rudrur SO by his acts of omissions and commissions stated above violated the provisions of Rule 103 of FHB Volume I and Rule 84, 85 of Volume VI Part III chapter II corrected upto 30-06-1986 (VI Edition) and thereby failed to maintain absolute integrity and devotion to duty as required of him by the Rule 3(1)(i) and 3(1)(ii) of CCS (Conduct)

Rules 1964.

Article 2:

Sri A. Jayanand Rao, PA Kamareddy HO, while working as SPM Rudrur SO during the period from 07-05-2013 to 02-07-2015 failed to maintain the Register showing the particulars of accountable articles in respect of VP/COD articles sent to BOs and failed to note the disposal of articles as to whether they were delivered or returned. Thus, said Sri A. Jayanand Rao, PA Kamareddy HO failed to follow the provisions contained in Rule 219 of Postal Manual Volume VI Part I (corrected upto 31-12-1985) and there by failed to maintain absolute devotion to duty as required of him vide Rule 3(1)(ii) of CCS (Conduct)Rule 1964.

Article 3:

Sri A. Jayanand Rao, PA Kamareddy HO, while working as SPM Rudrur SO during the period from 07-05-2013 to 02-07-2015 failed to acknowledge the cash supplied from Nizamabad HO in time and in some occasion acknowledged cash after 20 days. The dates of cash supply and the date on which the cash was acknowledged are furnished hereunder.

Date of Date of Delay in remittance of Acknowledgem Amount Acknowledge Amount (Rs.)

cash by HO ent of cheque (Rs.) ment of through SPM by SPM cheque

09-04-2015 50,000/- 22-04-2015 50,000/- 13 days delay 22-04-2015 2,50,000/- 07-05-2015 2,50,000/- 15 days delay 24-04-2015 4,00,000/- 07-05-2015 4,00,000/- 13 days delay 21-05-2015 6,00,000/- 04-06-2015 6,00,000/- 14 days delay 23-05-2015 5,00,000/- 05-06-2015 5,00,000/- 27 days delay 26-05-2015 4,00,000/- 19-06-2015 4,00,00