NEMICHAND KESHARWANI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order dated 19-02-2018 passed by Central Administrative Tribunal, Jabalpur Bench, Circuit Camp, Bilaspur (for short "C.A.T.) in Original Application (OA) No. 203/00092/2015, whereby learned C.A.T. dismissed the OA challenging the punishment order of dismissal from service.

(2.) The petitioner while working as GDS Branch Post Master at Junwani Post Office was placed under put-off on 20-09-2011. He was served with a chargesheet alleging financial irregularities committed by him in depositing the amount of Rs. 3,31,200/- in the post office accounts which were deposited by Gram Panchayat Secretary, Khaparidih on various dates. In the charge-sheet two charges of financial irregularities have been levelled against the petitioner, mentioning therein that the petitioner has not deposited the amount towards different pension schemes in the accounts of beneficiaries which was deposited by Secretary of Village Panchayat, Khaparidih time to time, but the same have been entered on the other subsequent dates amounting to Rs. 1,12,800/- and balance amount of Rs. 2,18,400/- which has not been accounted and similarly the amount of Rs. 2,71,800/- also has not been accounted in the post office accounts. The inquiry officer as well as the presenting officer were appointed to conduct the Departmental Enquiry proceedings against the petitioner. During the course of enquiry, witnesses of the prosecution were examined and cross examined. The petitioneremployee neither produced any defence witness nor he got himself examined in his defence. After conclusion of the departmental enquiry proceedings, the inquiry officer arrived at a finding that the charges levelled against the petitioner to be proved and forwarded the enquiry report to disciplinary authority. The disciplinary authority served the petitioner with enquiry report and called for his explanation. The petitioner submitted the representation to the enquiry report and the disciplinary authority after considering the enquiry report as well as the representation submitted by the petitioner, arrived at a conclusion that the charges levelled against the petitioner is proved and the misconduct committed by him to be very serious and he is not entitled to remain in service and passed the order of punishment of dismissal from engagement. Against the order of punishment, the petitioner preferred an appeal before the appellate authority which came to be dismissed and against which he filed OA before the C.A.T. which also came to be dismissed by the impugned order.

(3.) The learned counsel for the petitioner submits that the allegations levelled against the petitioner of not depositing an amount of Rs. 6,03,000/- in the accounts of beneficiaries of different pension schemes, despite that, none of the account holders has made any complaint against him or against the postal authorities which shows that the allegations levelled against the petitioner are false and baseless which was overlooked by the inquiry officer as well as the disciplinary authority. He also contended that the petitioner has made statement that he has deposited all the amount received by him from the Village panchayat Secretary as well as the other account holders, but either he might not have accounted the amount correctly in the relevant register or entered the same in the other registers but he had not misappropriated any amount. He submits that only in fear and threat that criminal case would be registered against him, he has deposited the amount of Rs. 3,26,600/- and the same has been made base of acceptance of guilty of the charges levelled against him. It is also pointed out that the representative of the village panchayat has not been examined as witnesses by the inquiry officer, the enquiry has not been conducted in accordance with the procedure prescribed.