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3.2 The applicant was issued a charge memorandum bearing No.B2-4/R-16/DBW/03/2021-22 dated 06.07.2021 (Annexure-A/1) in the month of July 2021 under Rule 16 of the CCS (CCA) Rules, 1965 for alleged misconduct to have been observed during his service as a Postal Assistant between 25.05.2017 and 13.06.2018 at Sub Post Office, Bhayavadar, and the sum and substance of the allegations levelled against the applicant are that during the period when the applicant was working as a Postal Assistant, he had failed to stop one Shri Atul P. Bhatt, a Small Savings Agent (SSA) in Bhayavadar Sub Post Office on 04.09.2017, 24.10.2018, 26.12.2018 and 08.03.2019 and said SSA entered in the post office against the spirit of the Postal Directorate's instructions dated 28.04.1998 as also the instructions dated 16.09.2005 and had taken blank passbook from the stock of Bhayavadar Sub Post Office and to facilitate the said Small Savings Agent to commit a fraud amounting to a total sum of Rs.41,00,000/- by allowing ::21 :: O.A.No.232/2022 & connected matters him to use the Round MO Stamp of Bhayavadar Sub Post Office for preparing forged Passbooks for 5 TD Accounts in the name of the depositors with forged signature of the sub postmaster and handing over the same to the depositors without ensuring to credit the said amount in the consolidated account of the said sub post office.

Ahmedabad 4.3 As per the instructions of Director General Postal Services and CPMG, Gujarat Circle, either to allow or to deny the entry of any small saving agent inside the said post office are/was vested, as a policy subject, with the Sub Postmaster of the concerned sub post office.

4.4 Further, in response to another charge, learned counsel for the applicant submitted that when the applicant himself was functioning as a Sub Postmaster of the said Sub Post Office during the period from 14.06.2018 to 26.12.2019, the applicant herein had not issued any order to permit any outsider, including Shri Atul P. Bhatt to enter inside the working place of office counter, more particularly on the alleged dates i.e. 24.10.2018, 26.12.2018.

4.7 It is submitted that the disciplinary authority had allowed Shri M. M. Ardeshna, the then Sub Postmaster (SPM), to voluntarily retire from the said post on and from 01.05.2018 while he was serving as a Sub Postmaster in Bhayavadar Sub Post Office where fraud and misappropriation of money of private depositors were taken place.

Ahmedabad 4.8 It is submitted that before the impugned charge Memorandum dated 6.7.2021 issued to the applicant, the Disciplinary Authority issued show cause notice dated 23.6.2021 to the said Shri M. M. Ardeshna, the then Sub Postmaster (SPM) and was called upon to submit his explanation/representation in respect to proposed intension of the competent authority to conduct a departmental proceeding under Rule 9 of the CCS (Pension) Rules, 1972 against him with respect to the alleged charge that while he was functioning as sub PostMaster of Bhayavadar SO had allowed said Shri Atul P. Bhatt - SSA to enter inside the working place of Bhayavadar SO against the spirit of directives and instructions dated 28.4.1998to take blank passbooks from the stock of the post office and who further used the round MO stamp of the post office and prepared the forged passbooks for new 5 TD accounts and allotted existing SB account for Rs.7,50,000/- by impressing rubber stamp of SPM and round MO stamp of Bhayavadar SO and made forged signature of sub Post Master and handed over to the depositors and the said ::28 :: O.A.No.232/2022 & connected matters amount of Rs.7,50000/- was not credited in Bhayavadar Post Office and thereby said Shri M.M. Ardeshna, retired SPM is alleged to have maintained devotion of duty as required under CCS (Conduct) Rules, 1964 (Annexure A/13 refer).

5.2 Further, it is submitted that the applicant while functioning as a Sub Postmaster, Bhayavadar sub post office for the period from 14.06.2018 to 26.12.2019, had allowed Shri Atul P. Bhatt- SSA HO on 24.10.2018, 26.12.2018 and 08.03.2019 to take blank passbook from the stock of Bhayavadar Sub Post office; used date stamp of Bhayavadar Sub Post office; who prepared forged passbook for new 5 Term Deposit accounts, allotting existing SB accounts in the name of depositors by impressing Rubber stamp of SPM, Bhayavadar and date stamp of forged stamp of Bhayavadar SO of SPM, Bhayavadar SO; made forged signature of Sub postmaster; handed over to depositor and those amounts were of Rs.11,00,000/- not credited in the Bhayavadar Post Office.