(1.) As common issue is involved in this batch of petitions, we have heard all the petitions together and dispose of the same by this common judgment. For the disposal of this group of petitions, we have taken up Special Civil Application No.15690 of 2018 as the lead matter and referred to the facts contained in the said petition.
(2.) The Special Civil Application No.15690 of 2018 is filed by the Union of India through the Chief Post Master General, Gujarat Circle, Ahmedabad and others under Articles 226/227 of the Constitution of India challenging the judgment and order dtd. 22/2/2018 passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad, in the Original Application No.271 of 2017, whereby the application filed by the respondents came to be allowed and the Tribunal was pleased to quash and set-aside the charge memo dtd. 13/8/2016 and the order dated 9/10/1/2017 passed by the Senior Superintendent of Post Offices, Vadodara West Division, Vadodara, as well as the order dtd. 18/5/2017 passed by the Director, Postal Services, Vadodara Region, Vadodara.
(3.) As per the facts of the case, the respondent was appointed as Postal Assistant at Valsad Post Office on 14/7/1983 and thereafter the respondent was transferred to GEB Post Office, Vadodara for the period from 2/6/2012 to 2/6/2016. That while working as Postal Assistant/SPM at the GEB Post Office, Vadodara, several Recurring Deposit Accounts were prematurely closed by the SAS agent. It also came to the notice that the said agent was allowed as messenger to close Eight Recurring Deposit Accounts, withdraw loan from one Recurring Deposit Account and withdraw amount from two Savings Bank Accounts without the knowledge of the depositors. In this regard, several complaints were received from the depositors about the withdrawal of amount from their accounts which was not within their knowledge. On receiving such complaints, an investigation was carried out and a report was submitted to the Post Master General, whereby it came to the notice of the authorities that large scale fraud was committed by the SAS agent. Hence, an FIR came to be registered against the agent on 8/4/2016. During the course of investigation, it was noticed that the respondent, while working as in-charge of the concerned post office, allowed withdrawals through an agent in contravention of the rules. The agent took the benefit of such dereliction on the part of the respondent and misappropriated the amount of these withdrawals. For the said act of misconduct and dereliction in duty, a charge memo came to be issued against the respondent under rule 16 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 (for short, the 'CCS Rules') on 13/8/2016. The respondent filed her reply to the said charge memo on 9/9/2016. Thereafter, departmental proceedings came to be initiated against the respondent and after affording opportunity of hearing to the respondent, the Senior Superintendent of Post Offices, Vadodara West Division, Vadodara, vide order dated 9/10/1/2017 imposed punishment of recovery of Rs.5,84,587.00=00 from her pay and allowances and withholding of increment for a period of 12 months without cumulative effect.