Andhra Pradesh High Court - Amravati
The Union Of India vs V.Hemalatha on 6 September, 2022
HON'BLE SRI JUSTICE A.V.SESHA SAI
AND
HON'BLE SRI JUSTICE V.SRINIVAS
W.P.No.25846 of 2022
ORDER:(per AVSS,J) Heard Sri N.Harinath, learned Assistant Solicitor General for Union of India for petitioners and Sri T.Balaji, learned counsel for the applicant/respondent.
2. This Writ Petition is directed against the order dated 05.11.2021, passed by the Central Administrative Tribunal, Hyderabad Bench, in O.A.No.543 of 2020.
3. The respondent/applicant was initially appointed as Gramin Dak Sevak Stamp Vendor (GDSSV) on 08.06.2001, pursuant to the notification issued by the Department of Posts and subsequently he was appointed as Gramin Dak Sevak Branch Postmaster of T.Sandrevaripalle Branch Post Office with effect from 23.07.2005. A charge memo bearing No.F4/2/10-11, dated 10.09.2012 was issued, framing the following Articles of Charges:
"Article-I That the said Smt.V.Hemalatha while working as GDSBPM, T.Sandrevaripalle BO, a/w.G.K.Palle S.O. from 08.06.2001 to 07.03.2011 allowed withdrawal of Rs.3950/- (Rs.Three thousand nine hundred and fifty only) in the Savings account No.2874732 of Smt.V.Mariyan Bee without the knowledge of the depositor on 25.02.2011 by affixing LTI by herself in the SB-7 from duly entered in AVSS,J & SV,J W.P.No.25846 of 2022 2 the B.O. Savings Bank journal and in B.O.account but without making withdrawal entries in the Savings account pass book of the depositor. It is therefore alleged that Smt.V.HEmalatha, GDSBPM (put off), T.Sandrevaripalle BO, A/w.G.K.Palle S.O. contravened the provisions of Rule 134 of "Rules for Branch Officers" (Sixth Edition) and thereby failed to maintain absolute integrity and devotion to duty as required in Rule 21 of GDS (C&E) Rules, 2011.
Article-II That the said Smt.V.Hemalatha while working as GDSBPM, T.Sandrevaripalle BO, a/w.G.K,Palle S.O. from 08.06.2001 to 07.03.2011 allowed withdrawal in the under mentioned savings account without the knowledge of the depositor on the date noted below by affixing LTI by herself in the SB-7 from duly entered in the B.O. Savings Bank journal and in B.O.account but without making withdrawal entries in the Savings account pass book of the depositor Sl.No. Savings Name of Date of Amount a/c.No. Depositor withdrawal withdrawn Smt.
1. 2873149 P.Pyari 05.01.2011 Rs.2600 Jan It is therefore alleged that Smt.V.Hemalatha, GDSBPM (put off), T.Sandrevaripalle BO, a/w.G.K.Palle S.O. contravened gthe provisions of Rule 134 of "Rules for Branch Officers" (Sixth Edition) and thereby failed to maintain absolute integrity and devotion to duty as required in Rule 21 of GDS (C&E) Rules, 2011."
4. Responding to the same, applicant filed a representation on 21.09.2012. Thereafter, a regular Inquiry Officer was appointed on 24.09.2012. Applicant/respondent filed O.A.No.1146 of 2012 before the Tribunal, complaining about the prolonged put off duty. The Tribunal vide order dated 11.10.2012, directed completion of inquiry within three (3) months and thereafter the Inquiry Officer submitted a report on 27.02.2013, and the same was received by the respondent on 28.02.2013. She submitted a defence on 26.03.2013, in response to the Inquiry Officer's AVSS,J & SV,J W.P.No.25846 of 2022 3 report and on 06.05.2013, an order of punishment of removal from service was passed and the applicant/respondent preferred an appeal before the Director of Postal Services and the same came to be rejected vide order dated 12.09.2012.
5. Aggrieved by the aforesaid proceedings, respondent/applicant preferred O.A.No.286 of 2014 before the Tribunal and the Tribunal vide order dated 23.12.2019, disposed of the said Original Application No.286 of 2014 and the operative portion of the said order reads as follows:
"We, therefore, allow the OA and set aside the impugned order as well as the report of the Inquiry Officer. We direct that the respondents shall obtain the opinion of the Fingerprint Expert on comparison of the LTI of the applicant on one hand, and the LTI, which is present in the record, on the other hand. The entire exercise in this behalf, shall be completed within three months and till then, the applicant shall be deemed to be under put off duty."
6. According to the respondent, petitioner No.4 herein issued notices to the applicant on 25.09.2020, 06.10.2020 and 08.10.2020 to attend before petitioner No.5 to furnish fingerprint impressions, but the respondent did not turn up. It is further stated that, the Department filed M.A.No.313 of 2020, and M.A.SR.No.877 of 2020 in O.A.No.286 of 2014 for extension of time and the same were allowed on 08.01.2021, granting further three (3) more AVSS,J & SV,J W.P.No.25846 of 2022 4 months time to comply with the orders of the Tribunal. It is also stated that, subsequently, fingerprint impressions were obtained from the respondents and forwarded the same to the Government Examiner for expert opinion and the opinion dated 28.10.2021, was also received from the Fingerprint Bureau, Mangalagiri. It is further stated that the said opinion was forwarded to the office of petitioner No.3. The respondents herein also filed O.A.No.543 of 2020 before the Tribunal with the following prayer:
"i) to declare the inaction of the respondents in passing the suitable orders for reinstatement of the applicant into the post of Branch Post Master in view of the set aside of the removal order No.F4/2/10-11, dated 06.05.2013 in OA No.286 of 2014 by order dated 23.12.2019 and non-payment compensation as exgratia at the rate 25% of her TRCA together with admissible DA as per Rule 12(3) of Department of posts, GDS (C&E) Rules for put off duty period and declare the same is arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India and set aside the same,
ii) Consequently direct the respondents to reinstate the applicant into the post of Branch Post Master with all consequential benefits from the date of removal and also direct the respondents to sanction and pay the compensation as exgratia as per Rules for the period of put off duty and to pass such orders as this Hon'ble Court deems fit and proper in the circumstances of the case."
7. By way of the impugned order dated 05.11.2021, the Tribunal disposed of O.A.No.543 of 2020, directing the respondents herein to consider the case of the applicant for payment of exgratia in accordance with law and fixed time limit of six (6) weeks for payment of the same.
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8. According to the learned Assistant Solicitor General, the order passed by the Tribunal is erroneous and contrary to law.
9. During the course of hearing, the Rules pertaining to the Department of Posts, Gramin Dak Sevak (Conduct and Engagement) Rules, 2020 (for short 'the Rules') are placed on record. Rule 12 of the said Rules deals with 'Put Off Duties'.
10. According to Rule 12(1) of the Rules, the Engaging Authority or any authority to which the Engaging Authority is subordinate or any other authority empowered in that behalf by the Government, by general or special order, may put a Sevak off duty, where a disciplinary proceedings against him is contemplated or is pending.
11. Admittedly, in the present case, disciplinary proceedings are pending against the applicant.
12. According to Rule 12(3) of the Rules, A Sevak shall be entitled to an amount of compensation as ex-gratia payment equal to 25% of his/her Time Related Continuity a Allowance together with admissible Dearness Allowance per month for the period of put off duty.
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13. Obviously, in terms of the aforesaid Rule, the Tribunal directed the respondents to consider the case of the applicant for payment. Therefore, this Court does not find any error in the order passed by the Tribunal.
14. For the aforesaid reasons, Writ Petition is dismissed. However, by clarifying that the case of the applicant/respondent herein is required to be considered in accordance with Rule 12 of Rules and in accordance with the orders passed by the Tribunal. This exercise shall be completed within a period of one month from the date of receipt of a copy of this order. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending shall stand closed.
_________________________ JUSTICE A.V.SESHA SAI ______________________ JUSTICE V.SRINIVAS Date:06.09.2022 vsl AVSS,J & SV,J W.P.No.25846 of 2022 7 HON'BLE SRI JUSTICE A.V.SESHA SAI AND HON'BLE SRI JUSTICE V.SRINIVAS WRIT PETITION No.25846 of 2022 06.09.2022 VSL