Vague charge memo, denial of inquiry and documents without reasons vitiates minor penalty proceedings under CCS (CCA) Rules.

ORDER

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

By this OA, the applicant has sought the following relief:

“……to call for the records pertaining to the Lr.No.K-INV/Rule-14/SCP dated 13.07.2023 rejecting the prayer of the applicant for holding the enquiry and Lr.No.K-INV/R- 16/SCP/GLPLI/Dlgs dated 14.07.2023 imposing the penalty of recovery and reduction of pay of one stage and quash and set aside the same as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India and rules on the subject and law of the land, and be pleased to 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 per the applicant’s submission, are that –

i. The applicant, while working as Group Leader (PL/RPLI), at Tirupati, between 22.09.2017 and December, 2020, was alleged to have committed certain irregularities in his TA Bills and in claiming Road Mileage. The allegations are said to have been made by the National Federation of Postal Employees (NFPE) affiliated Unions. Based on the charter of demands submitted by the NFPE and the affiliated Unions, respondents issued directions to the applicant, vide their letter, dated 17.03.2023, to credit an amount of Rs.1,06,095.50, without prejudice to departmental action, and to intimate the credit particulars through the Unit Head. The applicant submitted his representation, dated 30.03.2023, questioning the alleged complaints and demanded copies of the same.

ii. It is submitted that considering the allegations made by the Postal Unions, the Superintendent, RMS, TP Division, Tirupati, issued a charge memo, dated 03.07.2023, under Rule 16 of the CCS (CCA) Rules, 1965. Respondents made the following two allegations against the applicant in the said charge memo:

a. The applicant claimed Rs.1,66,231/- towards TA Bills for the period from October, 2019, to December, 2019, and June, 2020, to December, 2020. The said amount included Rs.83,115.50 as the ineligible portion of the applicant. The applicant had failed to enclose the tickets or certificate of attendance in proof of his movement with his TA bills and got his TA bills passed irregularly by acting as the Accountant of Tirupati D.O., without any order on file.

b. The applicant, during the period from September, 2017, to April, 2022, claimed Road Mileage for 3830 km, without prior approval of the competent authority. Thus, the applicant claimed an amount of Rs.45,960/- as Road Mileage, including the inadmissible portion of Rs.22,980/-, without the approval of the competent authority.

iii. It is further submitted that the applicant, while denying the allegations, sought inquiry into the charges under Rule 16(1)(b) of the CCS (CCA) Rules. He submitted his representation to this effect on 12.07.2023. Instead of holding an inquiry, as per the request of the applicant, in terms of Rule 16(1)(b) of CCS (CCA) Rules, the Disciplinary Authority (D.A.) rejected the claim of the applicant, vide the 1^st impugned order, dated 13.07.2023.

iv. The D.A., instead of holding an inquiry under Rule 16(1)(b), in view of the denial of the allegations by the applicant and his representation seeking the inquiry, vide his orders, dated 14.07.2023, imposed the penalty of recovery of an amount of Rs.106,095.50 @ Rs.10,000 per month, in 10 instalments, and the remaining amount of Rs.6,095.50 as the 11^th instalment from the pay of the applicant from July, 2023, and further ordered reduction in the pay of t