Acquittal in criminal case does not bar departmental dismissal for misappropriation proved on preponderance of probability; punishment proportionate for public fund breach.

ORAL ORDER

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

By this Original Application, the applicant sought the following relief:

“……to quash and set aside appellate order vide Memo No. ST- IV/13/20/2017 Dated 06-07-2018 and Memo No. F 4- 3/TGM/2009-10/Vol.v Dated 17-07-2017 by the 4th respondent imposing the harsh punishment of Dismissal being illegal, harsh, arbitrary and disproportionate punishment and reinstate the applicant with all consequential benefits and pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. Facts, in brief, according to the applicant, are given below:

i. The applicant was appointed as a Postal Assistant, on 06.12.1981, in Tadepalligudem Division and was, subsequently, transferred to Eluru Division. While he was working as Sub Postmaster, Tangellamudi SO, Eluru, during the period from 01.06.2008 to 27.10.2009, he allegedly committed financial irregularities, for which Memo No. F4/3/TGM/2009-10, dated 07.06.2011, (Annexure A-III), was issued to him, under Rule 14 of the CCA (CCS) Rules, 1965, containing the following charges:

Article-I That the said Sri CH.V. Ramana while working as Tangellamudi SO, Eluru - 5 during the period from 01-06-2008 to 27-10-2009 withdrew an amount of Rs. 70000/- on 11-04-2009 from SB account No. 208338 without the knowledge of the depositor. He accepted deposits amounts of Rs. 3000/- on 24-04-2009 and Rs. 3000/- on 30-07-2009 from the depositor of the same account but failed to account for the so accepted deposits amounts into the Post Office accounts on the dates of acceptance or subsequently. He allowed a withdrawal of Rs. 3000/- on 19-10-2009 in the same account but he did not account for the withdrawal in the Post Office accounts on the date of withdrawal or subsequently…..

Article-II That the said Sri CH.V. Ramana, while working as SPM, in the aforesaid office during the aforesaid period withdrew an amount of Rs. 50000/- in SB account No 209200 on 09-09-2009 without the knowledge of the depositor and accounted for the withdrawal transaction into the Post Office accounts on 09-09-2009 itself. He also accepted deposit amount of Rs. 8,000/- on 10-10-2009 from the depositor of the SB Account No. 209200 duly making the entry of it in the Pass book authenticating it with the impression of the date stamp and his initials but he did not account for the deposit amount so accepted into the Post Office accounts on the date of acceptance or subsequently……

Article-III That the said Sri CH.V. Ramana, while working as SPM, in the afore said office during the aforesaid period withdrew an amount of Rs. 49000/- in SB account No. 210099 on 10-09-2009 without the knowledge of the depositor and accounted for the withdrawal transaction into the post Office accounts on 10-09-2009 itself. He also accepted deposited amount of Rs. 12,000/- on 10-10-2009 from the depositor of the SB account No. 209200 duly making the entry of it in the Passbook authenticating it with the impression of the date stamp and his initials but he did not account for the deposit amount so accepted into the Post Office accounts on the date of acceptance or subsequently……

Article-IV That the said Sri CH.V. Ramana, while working as SPM, in the afore said office during the aforesaid period withdrew an amount of Rs. 77000/- in SB account No. 209509 on 23-10-2009 without the knowledge of the depositor and accounted for the withdrawal transaction into the Post Office accounts on 23-10-2009 itself.

Article-V