Central Administrative Tribunal - Ernakulam
B Anilkumar Postal Assistant Adoor H O ... vs D/O Post on 4 August, 2022
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Central Administrative Tribunal
Ernakulam Bench
O.A No.180/00329/2018
Thursday, this the 4th day of August, 2022
CORAM:
Hon'ble Mr. Ashish Kalia, Judicial Member
Hon'ble Mr. K.V. Eapen, Administrative Member
B. Anilkumar, aged 46 years
S/o. K.A. Bhaskaran (late)
Postal Assistant, Adoor H.O.
Department of Posts
Residing at Thadathil Veedu, Manakayam
Chittar P.O, Pathanamthitta - 689 663. - Applicant
(By Advocate: Mr. V. Sajith Kumar)
Versus
1. Union of India represented by the Secretary to Government,
Department of Posts, Ministry of Communications,
Government of India, New Delhi - 110 001.
2. The Chief Postmaster General, Kerala Circle,
Trivandrum - 695 033.
3. Director of Postal Services (HQ),
O/o. The Chief PMG, Trivandrum - 695 033.
4. The Superintendent of Post Offices,
Pathanamthitta Postal Division,
Pathanamthitta - 689 645. - Respondents
(By Advocate: Mr. N. Anilkumar, Senior PCGC)
The O.A having been heard on 4th August, 2022, through video conferencing,
this Tribunal delivered the following order on the same day:
O R D E R (ORAL)
Ashish Kalia, Judicial Member This Original Application has been filed by the applicant seeking the 2 following reliefs:
"(i) To quash Annexure A-6, Annexure A-7 and Annexure A-10.
(ii) To declare that the recovery of loss by the department from the officials like applicant, without establishing through a proper departmental inquiry that the acts of negligence or breach of orders are the proximate cause of loss, is unjust and illegal.
(iii) Grant such other reliefs as may be prayed for and as the Court may deem fit to grant, and
(iv) Grant the cost of this Original Application."
2. The brief facts of the case are as follows:
The applicant was reinstated and all the benefits were disbursed as per the directions of the Tribunal and also the Hon'ble High Court. There is no inquiry report to conclude that the applicant had caused loss of any amount to the department. The MPKBY agent had deposited 4 lakhs in excess of the amount detected by the department as per Annexure A-4 issued by the 2 nd respondent, i.e., CPMG. In the absence of any finding as regards failure on the part of the applicant, no recovery could be made from an employee as per the guidelines issued by the Central Government. Further, the amount in excess was recovered from the agent itself. In case there was delay in settling the claim of the clients, the same is directly attributable to the lapses of the Higher Officials. The applicant could not be fastended with liability for the interest accrued when he was not responsible for the delay in settling the claim. The respondent No.3 has initiated fresh proceedings for recovery of huge amount by issuing Annexure A-6 against the applicant. Hence, the applicant has filed the present O.A. 3
3. The applicant is challenging the recovery orders in terms of Annexures A6, A-7 and A-10. Counsel for the applicant submits that to clear the recovery of loss of the Department from the official like the applicant, it has to be established in the departmental proceedings. This Tribunal while interfering passed an order on 24.7.2018 that no coercive steps should be taken. Now the respondents have filed an M.A 347/2020 for vacation of the interim order.
4. Learned counsel for the respondents has made his earnest efforts to convince this Tribunal that the Department is not aversed to the prayer made by the applicant in the Original Application. In paragraph 16 of the reply statement filed by the respondents it is stated as follows:
"16. It is humbly submitted that in the light of the foregoing rules applicable in the instance of a fraud or financial embezzlement, the applicant is liable to credit the amount of pecuniary loss to the Government, if it is found that the said loss had occurred due to negligence on his part. However, any such recovery will be made only after initiating proceedings against the applicant under the CCS (CCA) Rules, 1965 and after providing reasonable opportunity to the applicant to defend the case. "
5. In view of the above, in a way the respondents are totally in agreement that they will hold the Inquiry and which cannot be commenced in view of the interim order passed by this Tribunal. Therefore, we hereby dispose of this O.A with a direction to the respondents that they shall make recovery only after a final decision is taken in the disciplinary proceedings. M.A 347/2020 for vacating interim order is disposed of and the interim order is vacated. No costs.
(K.V.Eapen) (Ashish Kalia)
Administrative Member Judicial Member
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List of Annexures
Annexure A1- A true copy of the order dated 5.12.2016 of this Tribunal in O.A No.
869/2016.
Annexure A2- A true copy of the order of this Tribunal in M.A 228/2017 in O.A No.
869/2016 dated 02.03.2017.
Annexure A3- A true copy of the judgment of the Hon'ble High Court of Kerala in
OP(CAT) No. 116/17 dated 22.09.2017.
Annexure A4- A true copy of the Order No. ST/B-16/2014 dated 12.02.2015 issued
by the Second Respondent.
Annexure A5- A true copy of the instructions No. C-32016/07/2006-VP dated
14.11.2006 on behalf of the 1st respondent.
Annexure A6- A true copy of the Memo issued by third respondent numbered as
F4/2/2013-14 dated 13.06.2017.
Annexure A7- A true copy of the Memo No. F4/2/2013-14 dated 28.02.2018 issued
by the 3rd respondent.
Annexure A8- A true copy of the letter No. B/A-54/II dated 03.07.2008 issued by
the third respondent.
Annexure A9- A true copy of the appeal dated 19.07.2017 submitted by the
applicant before the second respondent.
Annexure R1- True copy of the Divisional Level Investigation Report in respect of
Thattayil PO
Annexure R2- True copy of the extract of Rule 204 of Postal Manual Volume III.
Annexure R3- Appendix-4 to the P & T Financial Handbook Volume I and
Appendix I of General Financial Rules.
Annexure R4- True copy of Government of India, Ministry of Home Affairs, O.M.
No. F. 30/5/61-AVD dated 25.08.1961.
Annexure MA-1 - True copy of extract of Rule 204 and 204A of Postal Manual Volume 5 III.
Annexure MA-2 - True copy of extract of Rule 84(1), (2) and (3) of POSB Manual Volume I. Annexure MA-3 - A true copy of the common judgment of the Hon'ble High Court of Kerala dated 04.04.2019 in WP(C) 21255/2018 and 36318/2018. Annexure MA-4 - A true copy of the judgment of the Hon'ble High Court of Kerala dated 08.07.2019 in WP © 1600/2017.
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