KAMDEV DEVDAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The Original Application i.e. OA No.696 of 2016 was dismissed by the Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting, Bilaspur (hereinafter referred to as 'the Tribunal') on 01.03.2018. The Tribunal refused to interfere with the decision of disengagement from the post of Gramin Dak Sevak on allegations of misappropriation of Government money amounting to Rs.37,277/-.

(2.) Misappropriation is accepted by the employee in question. Based on the said finding, the Disciplinary Authority decided to disengage him from the responsibility, however in appeal, the Appellate Authority decided to modify the order from disengagement to that of debarring the Petitioner from participating in three departmental examinations. The Revisional Authority, thereafter took up the matter in terms of the power conferred upon him under Rule 19 of the Department of Posts Gramin Dak Sevak (Conduct and Engagement) Rules, 2011, found fault with the order of the Appellate Authority in interfering with the decision of the Disciplinary Authority of disengagement, keeping in mind the seriousness of the offence of misappropriation of Government fund which was accepted by the Petitioner and he tried to earn a reprieve by depositing the said amount.

(3.) His contention was that interference with the order of punishment so modified by the Appellate Authority was unwarranted and that the power of revision exercised by the Revisional Authority could not have been done sou moto.