ABHAY KUMAR MAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ application has been directed against the impugned judgment dated 31.7.2002 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack dismissing O.A. No.75 of 1999 in which the petitioner had challenged the order of punishment of removal from service dated 17.6.1996 passed by the Disciplinary Authority as well as the order dated 11.10.1996 passed by the appellate authority confirming the said punishment.

(2.) THE ' brief facts of the case are that the petitioner was appointed as Extra Departmental Branch Post Master (EDBPM), Kaikachhar Branch Post Office in the district of Sundargarh in the year 1992. Preliminary enquiry was conducted against the petitioner by Shri Aswini Kumar Panda, SDI(P), Sundargarh (North) Subdivision who has been examined as S.W.2. On the basis of the preliminary enquiry report, the Superintendent of Post Offices ordered to hold an enquiry under the E.D. Agents (Conduct and Service) Rules, 1964 against the petitioner vide order dated 17.4.1995 and a memorandum of charges was issued to him. The charges were that while functioning as EDBPM, Kaikachar Branch Post Office during the period from 27.6.1992 to 31.8.1994, he accepted a sum of Rs.375/ - from the deposit holder against Recurring Deposit Account No.388120 belonging to Telendra Roudia who has been examined as S.W.I and a sum of.Rs.l00/ - from the deposit holder against Recurring Deposit Account No.388107 belonging to Lalu Harijan (not examined). He entered the transaction in the pass book, but did not enter the amount in the Government cash register.