High Court Kerala High Court

Smt.K.M. Thankamany vs The Cheif Post Master General on 17 February, 2009

Kerala High Court
Smt.K.M. Thankamany vs The Cheif Post Master General on 17 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30107 of 2006(S)


1. SMT.K.M. THANKAMANY,
                      ...  Petitioner

                        Vs



1. THE CHEIF POST MASTER GENERAL,
                       ...       Respondent

2. THE DIRECTOR OF POSTAL SERVICES,

3. THE SENIOR SUPERINTENDENT OF

4. THE ASSISTSANT SUPERINTENDENT OF

5. THE UNION OF INDIA,

                For Petitioner  :SRI.K.P.DANDAPANI (SR.)

                For Respondent  :SRI.JOHN VARGHESE, ASSISTANT SG

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :17/02/2009

 O R D E R
  K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ.
               ----------------------------------------
                W.P.(C) No.30107 OF 2006
               ----------------------------------------
         Dated this the 17th day of February, 2009

                       J U D G M E N T

~~~~~~~~~~~

Balakrishnan Nair, J.

The applicant in O.A.No.53/2000 before the Central

Administrative Tribunal, Ernakulam, is the writ petitioner. She

was a Postal Assistant working as the Sub Post Master of

Thaikkattukara Sub Post Office during 1998. She was charge

sheeted by the disciplinary authority for having fraudulently

withdrawn amounts from the Recurring Deposit Accounts of

three persons.

2. The allegations in brief were the following:

i) She, on 28.8.1998, fraudulently withdrew Rs.13,000/-

from R.D.account No. 86097 of Sri.N.J.George.

ii) She, on 11.12.1997, fraudulently withdrew

Rs.10,000/- from the R.D. account No.86354 of Smt.A. Jansi

Ratnakumari.

iii) She, on 20.5.1998, fraudulently withdraw Rs.6,000/-

from the R.D. account No.86554 of Smt.Girija K.A.

W.P.(C) No.30107/2006 2

Thus, she has failed to maintain absolute integrity and

devotion to duty in contravention of Rule 3(1)(i) and 3(1)(ii) of

Central Civil Servants (Conduct) Rule 1964. She denied the

charges against her. So, an enquiry was held into the

allegations. The Enquiry Officer found her guilty of all the 3

charges. The Disciplinary Authority accepted the findings of the

Enquiry Officer, after examining the objections filed by the

delinquent against the enquiry report. Disciplinary authority

awarded the punishment of dismissal from service, which was

affirmed by the appellate as well as the Revisional Authorities.

Challenging those orders, Ext.P1 Original Application was filed.

Those orders were produced as Annexure A9, A7 and A5 in the

Original Application. She also challenged Annexure A3 Enquriy

Report dated 28.1.2001.

3. The respondents in the Original Application, who are

the respondents in this writ petition, resisted the application by

filing Ext.P2 reply statement. They submitted that the

punishment has been imposed on the applicant after following

the due procedure and in accordance with law. The Tribunal,

after hearing both sides, dismissed the Original Application.

W.P.(C) No.30107/2006 3

Before the Tribunal, the applicant tried to highlight the non-

supply of a few documents and contended that the disciplinary

action was taken against her in violation of the principles of

natural justice. She filed a petition dated 1.7.2000 for

production of documents. The available documents were

produced. Main grievance highlighted by the applicant was the

non production of SB-3 Cards and Error Book, concerning the

Recurring Deposits. SB-3 Cards contained the signatures of the

depositors. Since they were not available, specimen signature

book of the Post Office was made available. Later, another

request was made on 23.8.2000 seeking production of five

documents. Among them the non production of second

document, which is the inspection report of Thaikattukara Post

Office in the year 1998 and 1999, is highlighted. According to

the applicant, the said report would show that there were no

adverse comments in it concerning the relevant years. The

documents, requested as per the petition dt.23.8.2000, were not

produced for the reason that the said request was highly belated.

The said stand was upheld by the Central Administrative Tribunal

also. The C.A.T. noted that the request for production of documents

made on 1.7.2000 was substantially complied with and the

W.P.(C) No.30107/2006 4

request for production of documents made on 23.8.2000 was

rightly rejected. Based on the above findings, the Original

Application was dismissed.

4. The learned counsel for the writ petitioner canvassed

before us the very same point concerning non production of the

records requested by her. We agree with the findings of the

Tribunal that whatever documents could be produced based on

the petition dated 1.7.2000 were in fact produced. The

petitioner has not pleaded what prejudice has been caused to her

by the production of specimen signature book instead the SB-3

card. Regarding the documents sought, as per request dated

23.8.2000, the learned counsel for the petitioner submitted that

non furnishing of the preliminary enquiry or investigation report

has prejudiced him. But, we notice that preliminary enquiry or

investigation is held to decide whether the incumbent should be

charge sheeted or not. Thereafter, the action is proceeded

based on the charge sheet. Whatever information is collected in

the preliminary enquiry or investigation will be contained in the

charge sheet and in this case, we notice that the petitioner has

been served with three charges, which were clear and specific

W.P.(C) No.30107/2006 5

and the reports of the preliminary enquiry or investigation were

unnecessary to defend the charges. At any rate, no prejudice

has been pleaded or proved. The non-furnishing of the

inspection report of the Post Office for the year 1998-1999 also

is of no consequence. Having regard to the nature of the

charges, even assuming, there is no adverse comments in the

inspection report, the same will not in any way help the

petitioner.

5. So, we are of the view that the contention of the

petitioner that the enquiry was held in violation of principles of

natural justice, for not furnishing to her the copies of some

documents as requested, is devoid of any merit. We find no

reason to interfere with the view taken by the Tribunal. As

rightly held by the Tribunal, no flaw in the decision making

process, which prejudiced the petitioner has been brought out.

We agree with the reasons and conclusions of the Tribunal on

the above aspect.

In the result the writ petition fails and it is dismissed.

(K.BALAKRISHNAN NAIR, JUDGE)

(M.L. JOSEPH FRANCIS, JUDGE)
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