Skip to main content

Central Administrative Tribunal quashes fresh proceedings against retired employee

CHENNAI: Can an employee be punished twice for the same offence? No, said the Chennai bench of the Central Administrative Tribunal (CAT) on Wednesday quashing an order of the ministry of communications and IT to initiate fresh proceedingsagainst a retired assistant postmaster who had undergone punishment for his supervisory lapses.

The matter pertains to V Muthukannu, sub-postmaster in Karur division, who was accused of irregular closure of a recurring deposit and non-account of deposits. In his submissions to the tribunal, Muthukannu said in March 2010, the superintendent of post offices ordered recovery of Rs 8,000 per month from his salary for the loss caused to the postal department. After seven months, it was increased to Rs 12,000. For his contributory negligence, he paid Rs 5.07 lakh to the department. Also, for a year, his salary was reduced and no increments were provided, said Muthukannu.

However, in April 2012, a month before his retirement, the member (personnel), department of posts, dropped the earlier concluded proceedings and initiated a fresh proceeding for the same lapses. He was also issued a memo stating his retirement benefits had been withheld. He asked the CAT to set aside the order for fresh proceedings.

In the counter, the department of post denied the averments and said Muthukannu was involved in a fraud to the tune of Rs 17.46 lakh at the Karur head post office. Fresh proceedings were initiated according to the rules and there was no question of "double jeopardy." Further, it was an exceptional case and had to be dealt with accordingly.

The bench comprising judicial member B Venkateshwara Rao and administrative member P Prabhakaran said, "Once the punishment imposed is undergone, no one can direct a fresh inquiry in the same set of charges." 

The bench quashed the order for fresh proceedings and directed the department to pay all retrial benefits to Muthukannu.

Comments

Popular posts from this blog

Duties and additional duties of Postman----for information of all supervisory cadre

  DG(P) No.11-1/2010-Admn dated 18-11-2010 NO.25-20/2008-PE-I Government of India Ministry of Communications & IT Department of Posts (Establishment Division)                                                                                                        Dak Bhavan, Sansad Marg                                                                                          New Delhi                                                                                                       Dated 25.11.2008   TO              All Heads of Circles/Regions,   Subject: Additional duties for Postman/Delivery Staff.                                       On account of changes in work scenario of the Post offices brought about due to the induction of technology and primacy of business products, the duties and responsibilities of the postman have undergone a vast change. In order to incorporate these changes, the following duties are prescribed in addition to t
ENHANCEMENT OF FINANCIAL POWERS OF HSG, HSG-II AND LSG POST MASTERS ( THESE ORDERS ARE IN FORCE. NO REVISION TAKES PLACE SINCE 21 YEARS) A reference is invited to Circular No.62-8/64-CI dated 20.10.1965 delegating financial powers to HSG and LSG Postmasters to incur expenditure of a contingent nature on the following items: a) Replacing, repairing, cleaning, oiling, shifting of electric lights and fittings, fans etc. of the office in a rented building when the charge is a Government liability. b) Repairs of Department bicycles. c) Purchase of earthen pots, glass tumblers, dusters, brooms etc. d) Purchase and repairs to furniture. e) Emergent arrangements for conveyance of mails. 2. The question of enhancement of the powers were being examined in the Directorate in view of the rise in the prices and it has been decided to enhance the powers given to HSG & LSG Postmasters from Rs.30 & Rs.20/- respectively on each occasion to Rs.60/- & Rs.40/- respectively on each o
GRANT OF TA & TRANSIT (TA & TP) TO OFFICIALS TRANSFERRED ON COMPLETION OF TENURE TO THE PLACE OF THEIR CHOICE . A proposal on grant TA and transit to officials who are transferred on completion of tenure to the place of their choice was under consideration in this Directorate for sometime past.      SR-114 governs TA on transfer distinguishes between transfer for public convenience and transfer on own request.  Although transfer on completion of tenure in one office has not been specifically referred to in this rule, yet the transfer on completion of tenure is a transfer for public convenience.  On completion of tenure, the official has to be transferred out for operational reasons.  Therefore, such a transfer is mandatory, while posting to a place of choice is secondary and subject to public convenience.  In view of this posting to a place of choice after completion of full tenure may not be normally termed as a "transfer on own request" under SR-114.      It