UNION OF INDIA AND ORS. Vs. S. NAGENDRAPPA

JUDGEMENT

(1.) RESPONDENT 's counsel was absent yesterday and is absent today. We have heard the learned Advocate for the petitioners and perused the records.

(2.) THE order dated 5.3.2013 passed by the Central Administrative Tribunal, Bengaluru, in OA No. 227/2011 is called in question in this writ petition. Records reveal that the respondent herein was appointed as Gramin Dak Sevak, ('GDS' for short), Branch Post Master, Pandrahalli along with Godabanahal in Chitradurga District on 7.9.1993. On 23.12.2005, the Senior Post Master of Godabanahal reported to the concerned authorities at Chitradurga that there were non -credits in recurring deposits. The two pass books relating to those recurring deposits were under the charge of the respondent. Pending enquiry against the respondent, he was put off from duty. The department initiated disciplinary enquiry as per the Rules against the respondent. During the enquiry it was found that, though entries are made in the two pass books relating to recurring deposits, the same were not accounted in the department records and amount was also not deposited with the department. The total amount involved was Rs. 7,600/ -. Two charges were framed which are as under:

(3.) AFTER due enquiry, the report was submitted holding that the respondent was guilty of charges. Thereafter, on 17.9.2008 a show cause notice is issued to the respondent calling upon him to submit his representation, if any. The respondent submitted his reply on 29.10.2008. The Disciplinary Authority on due application of its mind independently and on perusal of the entire material on record including the enquiry report, imposed penalty of removal from employment against the respondent on 19.11.2008.