Central Administrative Tribunal - Mumbai
Satyendra G Gaur vs Department Of Posts on 14 October, 2025
1
OA No.828/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No.828/2023
Dated this Tuesday the 14th day of October, 2025
CORAM: Hon'ble Shri Justice M.G. Sewlikar, Member (J)
Hon'ble Shri Sangam Narain Srivastava, Member (A)
Satyendra G Gaur, Age-39 years,
then LSG PA in O/o Sub Postmaster Ulhas Nagar-IV,
Post Office-421004 Thane Postal Dn.
Resident of: Flat No.6, Shivsmruti Apartment, Kasar Ali,
Shahapur, Thane-421601. (Mobile No.9421187714).
... Applicant
(By Advocate Shri D.M. Shukl)
VERSUS
1. Union of India, through Chief Postmaster General,
Maharashtra Circle, Mumbai 400 001.
2. Postmaster General,
Navi Mumbai Region, Panvel - 410 206.
3. Director Postal Services,
Navi Mumbai Region, Panvel - 410 206.
4. Sr. Supdt. of Post Offices,
Thane Postal Division, Thane 400 601.
5. Hon'ble Secretary, National Commission for Scheduled
Castes, 5th Floor, Lok Nayak Bhawan, Khan Market,
New Delhi 110 003. ... Respondents
(By Advocate Shri N.K. Rajpurohit)
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone=
270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99,
PostalCode=400083, S=Maharashtra, SERIALNUMBER=
Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti
Ganesh Munarshi
Reason: I am the author of this document
Location:
Date: 2025.10.15 18:10:56+05'30'
Foxit PDF Reader Version: 2024.3.0
2
OA No.828/2023
Order Reserved on : 30th June, 2025.
Pronounced on: 14th October, 2025.
ORDER
Per: Shri Sangam Narain Srivastava, Member (A)
By this application, the applicant is seeking the following reliefs:
"8(A) This OA may kindly be allowed:
8(B) That Hon'ble Tribunal may be pleased to set aside the impugned order No.NMR/STA/Disc./SG/2018(9) dated 28.7.2021 {Anx.A-1} of Compulsory Retirement" and impugned arbitrary appellate order No.NMR / STA/44-1/42/2021 (19) dated 10.11.2022 {A-2} issued by appellate authority/PMG Navi Mumbai Region enhancing punishment of "Compulsory Retirement " to that of " Dismissal"
from service and direct the respondents to reinstate the applicant in service with all consequential benefits; 8(C) May further pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case."
2. Brief facts as given by the applicant are that the applicant was appointed under SC (Hindu) category as a Postal Assistant (Clerical cadre) on 11th November, 2004 and was imposed with punishment of "Compulsory Retired" (now Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 3 OA No.828/2023 enhanced to "dismissal from service from the retrospective date i.e. 28th July, 2021 (Annexure A-1)) by the Appellate Authority. 2.1 It is stated that in the year 2016, a specific group consisting SC officials made serious allegations against the PMG, Pune at various forums containing allegations of serious nature regarding involvement of concerned PMG in running racket of printing fake, bogus postage in Maharashtra Circle and duping Government of India and this serious news was also published in various new papers.
2.2 It is submitted that some Postal officers developed doubts that applicant is part of said SC group and instrumental in prompting concerned Scheduled Caste official to raise/make complaints against some Postal Officers, percolating, highlighting news about involvement of Postal Officers in newspapers, social media, getting informed under RTI. As a result, certain Postal Officers became vindictive and decided to teach the applicant a lesson.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 4 OA No.828/2023 2.3 On 22nd May, 2017, a Senior Citizen named Arun Parasram Bagrao, Postal Pensioner got serious paralysis attack and his family members attended Kulgaon Post office on 22 nd May, 2017 around 2.30 PM requesting for urgent payment of withdrawal of Rs.3,25,000/- through messenger citing reason for urgent hospitalization of said Sr. Citizen, Pensioner. 2.4 It is further submitted that as the said Pensioner was not in position to talk clearly, applicant further got it confirmed from the wife of Pensioner, who also confirmed the serious paralysis attack of her husband. Withdrawal-Form brought by messenger was not having signatures of two independent witnesses as required to be done in such exceptional, emergent conditions, hence, messenger and wife of Pensioner both pleaded and assured to handover it till 1800 hours of 22nd May, 2017 once work of hospitalization of pensioner is completed to save life of Pensioner from looming brain stroke. Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA No.828/2023 2.5 It is stated that the wife of hospitalized Pensioner conveyed message to applicant on 22nd May, 2017 around 1840 hours that entire family of pensioner was stuck in hospital since 3 PM, and, therefore, she could not obtain signature of two independent respectable witnesses and could not arrange to send withdrawal voucher duly completed in all respect on 22nd May, 2017 till 1800 hours. The wife of hospitalized pensioner further pleaded that she would personally come or send her relatives with duly complied withdrawal voucher obtaining signature of two independent witness on 23rd May, 2017 in morning around 10.30 hours.
2.6 It is further submitted that the Pensioner Arun Parasram Bagrao and his wife both in their "Notarized-
Affidavit" dated 8th September, 2022 (Annexure A-14) again narrated the incident happened on 22nd May, 2017 and origin of contemptuous allegation made by then Inspecting Officer on 23rd May, 2017.
Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA No.828/2023 2.7 It is submitted that the Daily Account dated 22nd May, 2017 (Annexure A-15) itself is vital testimony of fact that on 22nd May, 2017, there was payment of Rs.23,06,975/- (Rupees Twenty-Three Lakhs Six Thousand Nine Hundred and Seventy-Five only) taken place between 8.30 AM to 11 AM. But it is unfortunate that concerned Postal Authorities to settle personal vendetta against applicant made false allegation that applicant had retained excess cash of Rs.4,06,971-50 on 22nd May, 2017 against the minimum cash balance of Rs.20,000/-
without any liabilities is proved baseless, abuse of powers with ulterior motives.
2.8 It is submitted that the applicant was "compulsorily retired" from Government service on 30th July, 2021 at the age of 36 years dragging into non-maintainable, disciplinary proceeding creating irrational, baseless allegation of shortage of cash of Rs.325668-50 for less than one hour as the then Inspecting Authority had arbitrarily refused to incorporate Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 7 OA No.828/2023 withdrawal voucher of Rs.3,25,000/- into account pertaining to hospitalized Pensioner Arun P Bagrao.
2.9 It is also stated that the Appellate Authority and PMG Navi Mumbai Region having personal grudge against applicant that applicant is part of group of Scheduled Caste officials since year 2019-2020, who have made complaints against the said PMG Navi Mumbai Region at various forums containing allegations of serious nature regarding involvement of concerned PMG in running racket of printing fake, bogus postage.
2.10 It is submitted that the Disciplinary Authority, who is subordinate of Appellate Authority issued chargesheet vide Memorandum dated 5th December, 2019 and imposed the punishment of "Compulsory Retirement" vide impugned order dated 28th July, 2021 levelling following charges;
"ARTICLE-I:
That applicant while working as SPM Kulgaon w.e.f 9.5.2016 and holding additional charge of Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA No.828/2023 Treasurer did not perform duty to keep cash to the full extent shown as per closing balance of previous day.
The closing balance of cash of Cash Kulgaon PO dated 22.5.2017 was Rs. 4,06,971-50. But Shri Satyendra Gaur kept cash short by Rs.325668.50 alleging violation of Rule No.30 of FHB Volume-II and Rule-84,85
(a) of Postal Volume-VI Part-III and Rule 3 (1) (i), 3 (1) (ii),
3 (1) (iii) and 3 (1) (vi) of CCS ( Conduct) Rules, 1964."
"ARTICLE-II That applicant while working as SPM Kulgaon and holding additional charge of Treasurer on 22.5.2017 had kept excess cash than the maximum authorized limit of Rs.20,000/-(Twenty thousand) and could not show justified liabilities to Inspecting Officer Shri M.K. Gaware, then ASPOs and further without showing any proper liability in the ECB memo and also not prepared the same for submission of the same to Kalyan City HO a/w daily account dated 22.5.2017 alleging violation of Rule 102 (B) of Postal Volume-VI Part-III, and Rule 3 (1) (i), 3 (1)
(ii), 3 (1) (iii) and 3 (1) (vi) of CCS (Conduct) Rules, 1964." Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 9 OA No.828/2023 2.11 It is also submitted that the Appellate Authority/PMG Navi Mumbai bias got aggravated when on the complaint filed by one complainant from SC category, the JMFC Pandharpur passed order dated 27th September, 2022 in Criminal M.A No.403/2022 in case of alleged involvement of PMG Navi Mumbai in running racket of printing bogus postage. The JMFC on the basis of evidences brought on record directed the Police Authority to investigate serious allegations against accused Ganesh Sawaleshwarkar, PMG Navi Mumbai for offences under Sections 407, 408, 409, 410, 420, 258, 259, 260, 271 r/w 34 of IPC 1860.
2.12 It is stated that the applicant in his past service of 17 years served the Department to the best of abilities. Applicant even did not receive single adverse memo, warning, chargesheet in his past service of 17 year except this unfortunate baseless incident case dated 23rd May, 2017 due to baseless, whimsical interpretation of cash shortage made by then Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 10 OA No.828/2023 inspecting authority for the reasons known to concerned. 2.13 It is further stated that the applicant's appointment date is 11th November, 2004 i.e. after introduction of New Pension Scheme and thus, punishment of Compulsory Retirement" is akin to punishment of "Removal/dismissal from Service" ruining life of applicant and his family for baseless non-maintainable allegations, applicant preferred appeal dated 03rd September, 2021 to Appellate Authority i.e. PMG, Navi Mumbai Region.
2.14 It is submitted that since the Appellate Authority viz. PMG Navi Mumbai was not deciding Appeal dated 3 rd September, 2021, the applicant filed OA 813/2022 with prayers to direct the Appellate Authority/PMG Navi Mumbai to decide Appeal. This Bench of the Tribunal disposed of the OA vide order dated 6th October, 2022 (Annexure A-22) directing respondent No.2/PMG Navi Mumbai to decide appeal preferably within four weeks.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 11 OA No.828/2023 2.15 Thereafter, the applicant submitted representation dated 29th October, 2022 {Annexure A-23}, wherein, the applicant had expressly mentioned that the Appellate Authority i.e., PMG Navi Mumbai Region is biased towards applicant. The Applicant had further expressed his reservations that applicant is not having trust, hope of justice from the Appellate Authority because of deep rooted prejudice(s) of Appellate Authority towards applicant for various reasons best known to the Appellate Authority himself. 2.16 It is further submitted that the Appellate Authority against whom applicant had made specific charge of bias, deep rooted prejudices instead forwarding appeal to another independent authority passed impugned arbitrary appellate order dated 10th November, 2022 {Annexure A-2} enhancing punishment of "Compulsory Retirement " to that of "Dismissal"
from service from the retrospective date 28th July, 2021. Hence, this OA.
Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 12 OA No.828/2023 2.17 It has been argued by the applicant that the reason for shortage of cash on date of inspection was withdrawal of cash by family of pensioner on the previous day on account of hospitalization; that there was reason for maintaining higher cash balance than permitted; that the Appellate Authority had a bias against the applicant; that Rule 29(i)(v) allows only six months' time to the Appellate Authority for revising order; that the statement accepting the shortage was given to the Inspecting Authority under threat of FIR; that cash was deposited within one hour and cannot be said to be a shortage as the Cash Balance is required to be tallied at the end of the day only.
3. After notice, respondents have filed their reply and had strongly contested the claim of the applicant. 3.1 It is alleged by the respondents that the applicant was holding charge of the treasury in addition to his own charge of SPM, Kulgaon PO on 22nd May, 2017 and 23rd May, Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 13 OA No.828/2023 2017. It was the duty of SPM as well as Treasurer to keep cash to the full extent, shown as per closing balance of the previous day. The closing cash balance of Kulgaon PO dated 22nd May, 2017 was Rs. 4,06,971.50. However, applicant kept cash short by Rs. 3,25.668.50 in the treasury. Thus, the applicant failed to observe Rule 30 of Financial Handbook Volume II and Rule 84 and 85(a) of Postal Manual Volume VI Part III (sixth edition). 3.2 It is stated that by the above-described act, the applicant failed to maintain absolute integrity, devotion to duty and acted in a manner of unbecoming of Government Servant violating the Provision of Rule 3(1)(i), 3(1)(ii), 3(1)(iii) and 3(1)(iv) of CCS (Conduct) Rules, 1964.
3.3 It is further stated that the applicant also violated provisions of Rule 102(B) of Postal Manual Volume VI, Part III, Sixth Edition, by keeping excess cash than the maximum authorized limit of Rs. 20,000/-, without showing any liability in ECB (Excess Cash Balance) memo and not prepared the same Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 14 OA No.828/2023 for submission to Accounts Office, Kalyan City HO along with Daily Account dated 22nd May, 2017.
3.4 It is submitted that the applicant unconditionally admitted all the charges. After completion of inquiry and receipt of Inquiry Officer report, as the applicant was of Grade 1 Postmaster cadre, the Charge Sheet was finalized by the appropriate Disciplinary Authority i.e. Director Postal Services, Navi Mumbai Region vide memo no.
NMR/STA/Disc/SG/2018(9) dated 28th July, 2021, on the basis of IO report, wherein, the charges as impugned in the Memo no. G/Disc/Rule-14/SG/2019 dated 05th December, 2019 were held as proved and applicant was awarded the penalty of Compulsory Retirement.
3.5 It is also submitted that the applicant has admitted the facts as stated in Article of Charge. Such admission on the part of applicant is not a stray single instance but applicant has done so at multiple times on different occasions and most Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 15 OA No.828/2023 importantly admitted both the charges before Inquiry Officer. In his representation dated 18th January, 2021 against IO report dated 08th October, 2020, applicant has admitted the fact, agreed with the findings of Inquiry officer while pleading leniency. 3.6 It is further submitted that during the personal hearing dated 24th February, 2022, the applicant mentioned that one day before (i.e on 22.05.2017), one postal pensioner Shri Arun Bagrao had come for withdrawal of his pension amount from POSB account after counter hours. Hence to avoid the difficulty of old person, who is in need of amount, he paid him amount and forgot to obtain the withdrawal form.
Unfortunately, there was inspection on the next day and shortfall in cash was found. The pensioner was out of station. Later on, the said pensioner paid him the amount. 3.7 Therefore, on the basis of reply, the respondents have prayed for dismissal of the OA.
Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 16 OA No.828/2023
4. Thereafter, Rejoinder was filed by the applicant reiterating the stand taken in the OA.
5. We have heard the learned counsel for the parties and have perused the pleadings and documents on record.
6. An inspection took place on 22nd May, 2017 at the Post Office where the applicant was working. During the inspection, it was observed by the Inspecting officer that there was a shortage of cash amounting to Rs. 3,25,668.50 and excess cash was also found to be kept in the Post Office beyond the permissible limit. No Excess Cash Balance (ECB) was drawn. Statement was recorded on 23rd May, 2017 with regard to the shortage. It was stated by the applicant that he was responsible for the shortage as he was working both as Treasurer and SPM/PM. It was also stated that the amount will be credited into treasury immediately (reference Q. No.9).
7. It was also mentioned in the supplementary statement recorded on the same date, that the cash was short Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 17 OA No.828/2023 due to personal problems and had been utilized by himself (applicant). The applicant was also asked why cash above maximum limit was kept in the office on many occasions during the period he was working at the said Post Office. Some
08 instances have been cited in the statement. It was explained by the applicant that maximum cash balance was kept because payments were to be made from SB/RD/MIS accounts. It was accepted that no ECB had been prepared. The amount of short- age of cash was subsequently deposited in the treasury on the same date at 16:55 hrs.
8. A Charge Memorandum was thereafter issued on 05th December, 2019 proposing to hold an enquiry under Rule 14 of the CCS(CCA) Rules, 1965. Two Articles of charge were made out - i) with respect to shortage of cash on date of inspection and ii) with respect to keeping excess cash in the Post Office than the maximum permissible limit without preparing the ECB Memo. Inquiry report was submitted on 08th October, Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 18 OA No.828/2023 2020. The Inquiry Officer has mentioned in his report that the charged officer, i.e. the applicant, admitted the charges without any reservation and pleaded guilty of the charge. It also mentioned that no witnesses were examined as the applicant had admitted the charges levelled against him without any reservation and conditions. The Inquiry officer concluded that the charges have been proved beyond any shadow of doubt.
9. In response to the Inquiry report issued to him on 15th October, 2021, the applicant in his letter dated 18th January, 2021 to the Disciplinary Authority stated that the inquiry report dated 08th October, 2020 is accepted. It was also mentioned that he had come up with so many difficulties and hurdles from last five years in his life and, therefore, mercy on his representation will re-birth to his life and family. It was also mentioned that he has not been selected because of the pendency of the disciplinary case; that he had appeared in the exam and that he requests with folded hand for kindness as his career depends Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 19 OA No.828/2023 on it as also the family livelihood. The applicant was awarded punishment of compulsory retirement on 28th July, 2021.
10. Applicant preferred appeal against the award of punishment. However, since the appeal had not been decided for more than one year, OA was filed wherein this Tribunal vide order dated 06th February, 2022 directed the appeal to be decided preferably within four weeks.
11. On 27th October, 2022, the Appellate Authority is-
sued an enhancement notice to enhance penalty to dismissal from service. On 29th October, 2022, the applicant submitted representation against the proposed enhancement notice. In the said representation, it was alleged that the Appellate Authority has a bias against the applicant due to deep rooted prejudices on account of the caste of the applicant which got aggravated due to the order of the Tribunal directing the Appellate Authority to dispose of the appeal. An objection was also raised that the said notice of enhancement by the Appellate Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 20 OA No.828/2023 Authority was invalid, as the Appellate Authority had exercised the powers of the Revisionary Authority and also that the Appellate Authority could under Rule 29(1)(v) revise the punishment only within six months from the date of the order sought to be revised.
11(ii) It was also mentioned that the Inspecting Authority did not allow to incorporate the transaction of withdrawal of Rs.3,25,000/- by Senior Citizen/Pensioner Shri Arun Parasram Bagrao on 22nd May, 2017. It was argued that the customer could not be physically present to make the withdrawal, and there was a provision to permit withdrawal after obtaining signatures of two independent witnesses, subject to further verification. It was submitted that since the amount was returned within an hour, it cannot be called as shortage of cash. 11(iii) It was also submitted that notarized-affidavit dated 01st September, 2022 of the pensioner Shri Arun Parasram Bagrao and his wife narrated the incident of 22nd May, 2017. It Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 21 OA No.828/2023 was further contended that the shortage of cash has to be decided at the time of closing of office i.e., after completion of all transactions of the day, and vouchers both from receipt side and payment side are taken into account. It was claimed that this was according to the provisions laid down in Rule 31 of FSB-II, and had this procedure been followed, no shortage would have been found.
11(iv) As regards excess cash being in the Post Office, it was submitted that the maximum authorized cash balance of Rs.20,000/- was atleast five times less to meet payment liability of members of the public and since managing cash supply from Head Post Office or other sources was always delayed, the applicant, following provisions of Rules 6 of Postal Volume VI, Part III (which says that unnecessary remittances of cash between Post Offices must be avoided and that disbursing of pay by sub and branch offices are to be made out of collections in hand), retained excess cash. The applicant had made Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 22 OA No.828/2023 representation for increasing the permissible cash balance that could be retained. He further submitted that thus there was justification for retaining excess cash. He had also explained that on 22nd May, 2017 total payment of Rs.23,06,975/- was made by the Post Office, as against the maximum cash balance of Rs.20,000/-, shows that Article II was baseless.
12. The Appellate Authority was unconvinced and, for the reasons recorded, converted the punishment from compulsory retirement to dismissal from service. Hence the present OA has been filed.
13. The respondents have submitted that the applicant had admitted all the charges during the enquiry as also in the Statement recorded on the date of inspection. It was submitted that the closing cash balance as on 22nd May, 2017 was Rs.4,06,97.50 but physical cash of only Rs.81,303/- was found on 23rd May, 2017 during the inspection. Hence, there was a cash shortage of Rs.3,25,226.50. It was further submitted that Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 23 OA No.828/2023 the maximum authorized limit was Rs.20,000/-. No liability has been shown in the excess cash balance memo and that memo was not prepared on 22nd May, 2017. It was submitted that the applicant had accepted the charges made before the Inspecting Authority on 23rd May, 2017, and in his representation dated 13th December, 2019 on the charge-sheet, and in his representation dated 18th January, 2021 on the enquiry report and in the appeal submitted by him on 03rd September, 2021. It was further submitted that there was no mention of withdrawal at any of these stages and the first time the story of withdrawal by the Pensioner/Senior Citizen caused to be made before the Appellate Authority on 24th February, 2022 at the time of personal hearing and subsequently in response to enhancement notice by the Appellate Authority dated 27th October, 2022.
14. It was argued that no details were submitted at the time of personal hearing as regards the withdrawal by the Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 24 OA No.828/2023 Pensioner and the affidavit submitted is dated 12th September, 2022 i.e., more than five years after the date of inspection. It was also argued that the fact that total payments of Rs. 23,06,975/- was made on 22nd May, 2017 does not entitle the applicant to violate departmental rules by keeping excess cash balance without any notification to the accounting office. It is also stated that the bias alleged with regard to the applicant being from Scheduled Caste Community or the filing of the OA is not sustainable for want of any cogent evidence to that effect. The assertion that the Appellate Authority can revise the order within six months of the date of the order is incorrect as the limitation operates only in a case where no appeal has been preferred. It was submitted that the correct Rule is proviso
(iii) of Rule 27(2) of CCS(CCA) Rules, 1965, as the applicant had preferred an appeal.
15. It was submitted that the representation of the applicant with regard to the story of withdrawal contradicts his Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 25 OA No.828/2023 own statement made at different stages. It was also mentioned that the order of Reserve Bank of India dated 25th February, 1999 with regard to withdrawal facilitation to senior citizen was never raised at any time prior to the representation dated 29 th October, 2022.
16. It was argued that the story of withdrawal by the pensioner/senior citizen was fabricated and false. It was further argued that having admitted the charges during the enquiry, for which reason, detailed enquiry was not found necessary, it was not open to the applicant to raise issues, having stalled the investigation at the enquiry stage.
17. The respondents also argued that judicial review cannot extend to the examination of the correctness of charges, as it is not an appeal but only a review of the manner in which decision has been made.
Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 26 OA No.828/2023
18. We have given thoughtful consideration to the facts and arguments forwarded before us. The two articles of charge were with respect to shortage of cash and retaining cash in the Post Office in excess of the permissible limits without information to the accounting office. During the inspection on 23rd May, 2017 shortage of cash of Rs.3, 25,668.50 was found. This was based on the closing cash balance of the previous day and the physical cash found at the start of inspection. It was also found during the inspection that cash in excess of the permissible limit had been retained in the Post Office without any information to the accounting office as required by the rules. Shortage of cash was made good by the applicant by depositing it before the end of the day. Statement of the applicant was recorded. Subsequently, a show-cause notice was given. Charge-sheet was issued. Inquiry Officer and Presenting Officer were appointed. During the enquiry, the applicant admitted the charges. Accordingly, the inquiry report Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 27 OA No.828/2023 was prepared. The IO report was shared with the applicant. After obtaining his response wherein the applicant accepted the IO report and again admitted the charges, the Disciplinary Au- thority awarded the punishment of compulsory retirement. An appeal was made against this by the applicant. Since there was delay in disposal of appeal, the applicant filed an OA before this Tribunal which directed that the appeal be decided in 30 days. The Appellate Authority issued notice of enhancement to the applicant which was replied to. After consideration of the reply, the Appellate Authority imposed the enhanced penalty of dismissal from service. Revision was filed on 28th November, 2022, which came to be dismissed on 14th December, 2023. We, therefore, observe that no procedural lapse occurred during the departmental proceedings.
19. In the appeal filed by the applicant, there was no allegation of bias against the Appellate Authority. We find that the first time the allegation of bias has been made against the Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 28 OA No.828/2023 Appellate Authority is in the reply to the notice of enhancement issued by the Appellate Authority. Two reasons have been given:
(i) That the applicant belonged to the SC community and
(ii) that the applicant had filed an application before this Tribunal.
There is no specific incident mentioned by the applicant to show that there was bias on the part of the Appellate Authority on account of his being a member of the scheduled caste. A general story of SC employees raising allegations against officers indulging in malpractices has been mentioned to establish bias on the part of the Appellate Authority. Such vague allegations without basis cannot be accepted to establish bias as alleged. Filing of an OA by itself will not be enough to show bias on the part of the Appellate Authority.
Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
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20. Another point that has been raised by the applicant in his response to the enhancement notice and also in the arguments before us, is that the Appellate Authority could revise the penalty only within six months from the date of the order sought to be revised i.e., the penalty order. The applicant has placed reliance on Rule 29 of CCS (CCA) Rules to support his contention. We find that Rule 29 pertains to revision and review. Provision of Rule 29(1)(v) comes into play only when Appellate Authority suo moto exercises powers of revision when no appeal is preferred by the delinquent. Where an appeal has been preferred, Rule 27 applies. Rule 27(2)(c)(i) allows the Appellate Authority to enhance the penalty. Further, there is no time limit prescribed under Rule 27. Therefore, the objection raised by the applicant with regard to enhancement of penalty being barred by limitation is not correct.
21. Another argument raised by the applicant is that he had given statement and admitted the charges because of the Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 30 OA No.828/2023 threat of the Inspecting agency. The same cannot be accepted, as it was not mentioned either during the enquiry or before the Disciplinary Authority. Even if it is accepted that there was threat of FIR by the Inspecting officer, nothing prevented the applicant from raising this point at enquiry stage or before the Disciplinary Authority, but he chose not to do so. In fact, during the enquiry as well as before the Disciplinary Authority, the applicant had admitted all the charges. This claim is, therefore, liable to be rejected as an afterthought.
22. Similarly, the contention that money was advanced to the senior citizen, Shri Bagrao, without obtaining a withdrawal slip in the prescribed form which was required, i.e., with the signatures of independent witnesses, has been raised for the first time at the personal hearing in appeal proceedings on 24th February, 2022 and that too without any supporting material. It was not mentioned in the preliminary statements on the date of inspection or in explanation before issue of Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 31 OA No.828/2023 charge-sheet or during the enquiry or before the Disciplinary Authority or the appeal representation filed on 03rd September, 2021. There is not a whisper about this being the explanation for shortage of cash right since the date of inspection i.e., 23rd May, 2017 to the personal hearing with the Appellate Authority i.e., 24th February, 2022. This is almost a period of five years. What has also caught our attention is that the first time that any supporting material with respect to this claim were given to any authority during the course of the proceedings was on 29th October, 2022, in the form of an affidavit. The affidavit copy placed before us shows that the same has been sworn on 12th September, 2022, stamp for which has been purchased on 30th August, 2022. This is one year after the filing of the appeal and more than six months after it was first claimed by way of an oral statement. The same has to be, therefore, considered as an af- terthought by the applicant.
Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
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23. We, therefore, find that there was no violation of the procedures by the respondents. Opportunity had been given at every stage. We further find that the applicant failed in substantiating the allegations of bias against the Appellate Authority. We also find that the reliance of the applicant on Rule 29 (1)(v) is incorrect. We further find that it is not open to the applicant, after having admitted the charges in enquiry and before the Disciplinary Authority, to challenge the findings on the basis of evidences sought to be introduced at a later stage. We hasten to add that this conclusion is guided by the fact that this is not a case where evidences/information sought to be introduced later were not in the possession of the applicant and have come in his possession later. If the incident being narrated was genuine, it would have been in the knowledge of the applicant right from the beginning i.e., the date of inspection. However, at that time i.e., from the date of inspection and at every subsequent stage upto the personal hearing in appeal, Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0 33 OA No.828/2023 this was not raised.
24. We, therefore, hold that the OA is devoid of merits and, therefore, dismissed. Pending MAs, if any, stand closed. No costs.
(Sangam Narain Srivastava) (Justice M.G. Sewlikar)
Member (A) Member (J)
dm.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.10.15 18:10:56+05'30' Foxit PDF Reader Version: 2024.3.0