K.C. SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this OA, filed under Section 19 of the Administrative Tribunals Act, 1985 the applicant seeks relief for refunding the amount of Rs. 20,000/ - recovered from the applicant alongwith interest @ 18% p.a. from the date of recovery till the date of actual payment.

(2.) THE brief facts of the case are that the applicant was serving as Head Postmaster at Mirzapur from October, 1997 to 2001 and he intimated to the Superintendent of Post Office, Mirzapur regarding bad condition of Post Office, Mirzapur vide letter dated 13.08.1998. Superintendent of Post Offices, Mirzapur visited the different branches of Post Office and also visited the residential accommodations. The matter was also brought to the notice of PMG, Allahabad who directed the SPO, Mirzapur to take immediate action for repairing of office building as well as residential accommodation. The Superintendent of Post Offices, Mirzapur instructed the applicant to get the repair work done locally. An amount of Rs. 37,200/ - was drawn as an advance and the repair work of Post Office building as well as residential quarters was got done under the supervision of Mr. J.N. Singh, the then Superintendent of Post Offices, Mirzapur. After completion of work the vouchers relating to the repairing work were submitted to the Superintendent of Post Offices, Mirzapur vide letter dated 24.03.1999. Superintendent of Post Offices, Mirzapur sanctioned Rs. 7,000/ - out of Rs. 37,200/ - and the vouchers amounting to Rs. 30,200/ - were not sectioned by him being above his financial powers for which sanction was required to be taken from Director Postal Services, Allahabad Region, Allahabad. In the meantime Shri S.N. Dwivedi replaced Shri J.N. Singh as Superintendent of Post Offices who issued a letter dated 23.05.2001 to the applicant proposing to recover Rs. 20,000/ - from the applicant and Rs. 10,200/ - from Shri Sarvesh Kumar Mishra, Office Assistant. A sum of Rs. 3000/ - was deducted from the pay of the applicant in May, 2001 and he was forced to deposit Rs. 17,000/ - on 16.01.2002 at the time when he was transferred to Allahabad from Mirzapur. The applicant submitted representation dated 30.10.2001 to the Director Post Services, Allahabad stating full facts of the work done under the instruction and supervision of Mr. J.N. Singh, the then Superintendent of Post Offices, Mirzapur. He also moved a representation dated 09.08.2004 to Post Master General, Allahabad Region, Allahabad and also a reminder dated 17.03.2005, but no action was taken by them. The applicant also represented to the Secretary, Department of Post cum Director General of Post Offices, New Delhi vide letter dated 09.04.2005 and reminder dated 23.11.2006, but no reply was received by the applicant. In reply to RTI query it was communicated to the applicant vide letter dated 27.03.2008 that the Director Postal Services has already taken a decision for not sanctioning the said vouchers. It has been submitted that the applicant is legally entitled to get the refund of Rs. 20,000/ - which has been recovered from his pay bill and by cash deposit.

(3.) HEARD Shri Swayambar Lal, learned counsel or the applicant and Shri N.P. Shukla, learned counsel for the respondents and perused the entire record.