SAFIQUL HAQUE MAZUMDER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, in the present: writ petition, under Article 226 of the Constitution, has assailed the order-dated :5.8.2003, passed by the Central Administrative Tribunal, Guwahati Bench (in shart, hereinafter referred to as Tribunal) in Original Application No. 326 of 2002, by which, the order dismissing the petitioner from service dated 30.5.1997, passed by the Disciplinary Authority, the respondent No. 3 herein, was upheld.

(2.) We have heard Mr. N. Dhar, learned Counsel for the petitioner and Mr. C. Barua, learned Central Govt. Counsel for the respondents.

(3.) The facts of the case, in a nutshell, are that the petitioner was initially appointed in the Postal Department as Postal Clerk in the year 1996. Subsequently thereto, he was promoted to the post of Upper Division Clerk (UDC) after qualifying in the Departmental examinations and on the basis of his performance, and he was posted in the Saving Bank Control Organization (SBCO) of the Postal Department in different Head Post Offices of various Divisions of the Assam Postal Circle. Lastly, he was posted in the Nagaon Head Post Office at Nagaon as UDC in its Saving Bank Control Organization (for short hereinafter referred to as SBCO) with effect from 30.4.1989. While he was working in the said capacity of UDC in the SBCO, Nagaon Head Post Office, he was entrusted the works of general checks of vouchers and verification of the binders/ledger balances and agreements etc. on receipt of the money by the post office in course of transactions in its savings bank sides. As it was found by the authority that the petitioner failed to discharge his duties and was negligent to the works entrusted to him and after taking into consideration all the facts, he was suspended on 17.7.1989 under the provisions of Central Civil Services (Classification, Control and Appeal) Rules, 1965 (in short, CCS & CCA Rules). First Information Report was also lodged by the Superintendent of Post Office, Nagaon division, Nagaon on 25.7.1989, the respondent No. 4 herein, to the Nagaon Police Station implicating the petitioner as accused for alleged misappropriation of the Govt. money as well as for ether penal offences. A police case No.428/89 was registered under Sections 467/468/469/471/477 (A)/420/409 IPC and the police charge sheeted the petitioner as an accused under Section 468/477 (A)/420 IPC. The trial Court found that the prosecution failed to prove the ingredients under 0Section 477 (A) IPC and acquitted the accused-petitioner from the other charges levelled against him. The respondent No. 4, the Superintendent of Post Offices, Nagaon Division vide Memo No. F-42(c)/89-90 proposed to hold an enquiry against the petitioner under Rule 14 of the CCS & CCA Rules, 1965 with an allegation that he had misappropriated an amount of Rs. 1,10,000.00 approximately. Four specific charges were framed against him vide Memorandum dated 1.2.1991 (Annexure 3 to the writ petition). For proper appreciation, they are quoted below : Annexure-I STATEMENT OF ARTICLE OF CHARGE FRAMED AGAINST SHRI S. H. MAZUMDER, UDS, SBCO HO NOW UNDER SUSPENSION. Article-1 That the said Shri S. H. Mazumder while function as UDC, SBCO Nowgong HO during the period from 30.4.85 to 17.7.89 was entrusted to do general check of vouchers and verification of binder balances/agreement and while doing so appeared to have made fictitious adjustment in ledger agreement of Nowgong HO binder No. 25 for the period from 1.10.88 to 31.3.89 and binder No. 27 for the period from 1.4.87 to 30.9.87 and 1.10.88 to 31.3.89 and involving a loss of Rs. 60,000/- (Sixty thousand) plus interest there on by way of excess withdrawal i.e. R. 20,000/- (Twenty thousand) in SB a/c No. 122230 in the joint names of above said Shri S. H. Mazumdar UDC SBCO and his wife Mrs. Sazma Begum, Rs. 40,000/- (Forty thousand) in SB/a/c No. 122647 in the name of B. M. Arshad Hashan Mazumdar S7o above said Shri S. H. Mazumdar (Minor a/c) and operated by Shri S. H. Mazumdar with the intention to defend the deptt. appeared to have inflated Rs. 60,000/- (Sixty thousand) in ledger balance in the ledger against actual deposits of Rs. 1000/- dtd. 1.111.88 in SB a/c No. 1222230 dtd .9.11.88 and Rs. 1000/- (one thousand) dtd. 29.9.87 and Rs. 1000/- dtd. 9.11.88 in SB a/c No. 122647 adding Rs. 20,000/- (Twenty thousand) in each occasion and thereby violated the Rule 14 of Postal Manual of SB control pairing an internal chedk organization (third edition) and Rule 3(1) of CCS (conduct) Rules 1964. Article II That during the aforesaid period and while functioning in the aforesaid office, the said Shri S. H. Mitzumder made the agreement of binder No. 43 of Nowgong HO during the period from 1.4.85 to 30.9.85 & 1.10.85 to 31.3.86 in which Shri Mazumder appeared to have fictitiously agreed with a difference of Rs. 20,000/- (twenty thousand) which was withdrawn through Nowgong HO SB a/c No. 121485 in the name of Sunny (minor a/c) operated through father Shri S. H. Mazumder UDC, SBCO and thus violated the Rule 14 of Postal Manual of SB control pairing and Internal Check ogranization (Third edition) and Rule 3(1) of CCS (conduct) Rules, 1964. Article 111 That during the aforesaid period and while functioning in the aforesaid office of the said Shri S. H. Mazumdar made fraudulent withdrawal of Rs. 60,000/- (Sixty thousand) plus interest in respect of the following TD accounts by inflating the figures against the actual deposits in ledger :