Central Administrative Tribunal - Gauhati
Smt Seema Borah vs Posts on 5 February, 2024
1
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application 040/0093/2023
Date of order: This the 05th Day of February, 2024
HON'BLE SMT. URMITA DATTA (SEN), JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
Smti. Seema Borah,
Aged about 44 years,
W/o- Shri. Pabitra Borah,
R/o- Na-Katoni, Kalugaon,
P.O. Bharalua Tiniali,
District Sivasagar, Assam.
[email protected]
Ph No.8486218299
.......Applicant
-AND-
1. UNION OF INDIA, represented by
Secretary, Department of Posts &
Chairperson, Postal Services Board,
Dak Bhawan, New Delhi-110001.
Phone+91-1123096060
Email- [email protected]
2. DIRECTOR GENERAL (POSTS),
Department of Posts & Chairperson,
Postal Services Board, Dak Bhawan,
New Delhi-110001.
O.A. No/040/0093/2023
2
Phone +91- - 1123096187
Email - [email protected]
3. CHIEF POSTMASTER GENERAL,
Assam Circle, Guwahati, Guwahati
GPO, Meghdoot Bhawan 5th Floor,
Panbazar Guwahati - 781001.
Phone 03612731170.
4. POSTMASTER GENERAL,
Dibrugarh Region, PMG Office,
Dibrugarh, PMG Office, Dibrugarh.
37, AT Road, Dibrugarh, Assam,
786001.
Email [email protected].
Phone- 03762320137.
5. SUPERINTENDENT OF POST OFFICES,
Sivasagar Division, Jorhat 785001.
Email [email protected].
Phone-03762320137.
6. DIRECTOR OF POSTAL SERVICES,
O/o- The Postmaster General,
Dibrugarh Region, Dibrugarh - 786001.
Email- [email protected].
Phone- 03762320137.
7. INSPECTOR OF POSTS,
Sivasagar Sub-Division, Jorhat - 785001.
Email [email protected].
Phone- 03762320137.
O.A. No/040/0093/2023
3
8. IA & INSPECTOR OF POSTS,
Jorhat South Sub-Division, Jorhat -
785001.
--Respondents
Present:
For applicant(s): Sri. P. Bora
Sri. H. K. Sarma
For respondents: None
ORDER (ORAL)
PER: URMITA DATTA (SEN), MEMBER(J):
The instant application has been filed praying for the following relief:
"a) Quash the Order no. F4-31/2019-20 dated Jorhat the 24.03.2022 (copy of the order dated 24.03.2022 is annexed herewith as ANNEXURE - A - 1) passed by the respondent no. 5 inter-alia awarding the punishment of dismissal from engagement, which shall be ordinarily be a disqualification for future engagement and;
b) Quash the Order no. Staff/2/24-08/2022/RP dated 15.09.2022 (copy of the order dated 15.09.2022 is annexed herewith as ANNEXURE - A - 2) passed by the respondent no. 6 inter-alia upholding the punishment of dismissal from engagement, which shall be ordinarily be a disqualification for future engagement and;
c) Direct the respondent no. 5 and respondent no. 6 to reinstate the applicant and allow the applicant to rejoin her duty."
O.A. No/040/0093/2023 4
2. As per the applicant, she was provisionally selected for the post of GDS BPM (Gramin Dak Sevak, Branch Post Master) Nakhana BO in account with Gaurisagar SO vide order dated 26.12.2002 and she was put off duty vide office memo dated 07.08.2019 and, subsequently, a charge sheet dated 15.02.2021 was issued against her under Rule 10(B) of GDS (Conduct & Engagement) Rules 2020 wherein she has been chargesheeted with the allegations of misappropriation of Government's fund with regard to 3 (Three) Rural Postal Life Insurance Policies (RPLI) amounting to Rs. 106242/- as well as another amounting to Rs. 6536.00/- and Rs. 24347.00/- a total amount of Rs. 1,37,125/- for the period from 06.01.2003 to 07.08.2019.
3. During the course of hearing, learned counsel for the applicant has submitted that she participated in the departmental proceedings and after admitting the allegations, she had deposited an amount of Rs. 1,82,450/- on 17.09.2019 and 09.08.2019, to the Government Account, O.A. No/040/0093/2023 5 which has been acknowledged vide memo dated 30.04.2021 (Annexure A-11). However, she was imposed with a punishment of dismissal from service vide order dated 24.03.2022 (Annexure A-1), which was affirmed by the Appellate Authority vide order dated 15.09.2022 (Annexure A-2). However, as per the learned counsel for the applicant, applicant being a poor lady, the punishment of dismissal from service is too harsh, therefore, it should be considered for lower punishment. As per the learned counsel for the applicant, from the perusal of the charge memo, it will be evident that with a predetermined mind, respondents have issued the major penalty of dismissal from service to impose such harsh punishment. Being aggrieved, with she has filed the instant O.A.
4. Respondents have filed their written statement wherein it has been submitted that though the applicant received the premium of three RPLI Policies amounting to Rs. 106242/- Rs. 6536/- and Rs. 24347/- but did not credit the said amount O.A. No/040/0093/2023 6 in the Government Account and subsequently the applicant also had accepted the same and deposited the said amount, however, such action on the part of the applicant has been construed as serious misconduct and, therefore, she has been appropriately punished. Thus, the respondents have prayed for dismissal of the instant Original Application.
5. We have heard the learned counsel for the applicant and perused the records.
6. It is an admitted fact that applicant had admitted her guilt of misappropriation of Government money which she received from the public under different RPLI Policies which in our considered opinion is admittedly a misconduct. It is also noted that there is no allegations of any violation of natural justice with regard to holding of disciplinary proceedings. It is a settled principle of law that in a disciplinary proceeding, the Court can interfere only if the chargesheet has been issued by an incompetent authority or there is violation of natural justice or the findings are O.A. No/040/0093/2023 7 perverse or the punishment imposed by the authority shocked the conscience of the Court. In the instant case, the applicant admittedly misappropriated a huge amount of Government money for a long period. Therefore, we do not find any reasons to interfere with the decision of the respondent authorities. Accordingly, the O.A is dismissed being devoid of merit with no order as to costs.
(DR. SUMEET JERATH) (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
SS
O.A. No/040/0093/2023