UNION OF INDIA AND 4 ORS Vs. TARULATA BARMAN W/O DIGISH CHANDRA BARMAN
HIGH COURT OF GAUHATI
Union Of India And 4 Ors
Tarulata Barman W/O Digish Chandra Barman
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Manojit Bhuyan, J. -
(1.) This writ petition is presented against the order dated 16.05.2014 passed by the Central Administrative Tribunal, Guwahati Bench in OA No.29/2013.
(2.) We have heard Mr. Y. Doloi, learned Senior Central Government Counsel (CGC) for the petitioners as well as Dr. B. Ahmed, learned counsel representing the sole respondent.
(3.) The respondent who at the relevant time was working as Sub Post Master of Joypur Rajabazar Sub Office under the establishment of Postal Services, Assam Circle was proceeded against under Rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (in short, "the Rules") for failing to maintain absolute integrity and devotion to duty as is required under Rule 3(1)(i), 3(1)(ii) and 3(1)(iii) of the Central Civil Services (Conduct) Rules, 1964, and also being responsible for monetary loss sustained by the Department. The statement of imputations was initially issued vide Memorandum dated 15.06.2009, to which the respondent had also submitted representation on 20.06.2009. However, the said Memorandum dated 15.06.2009 was cancelled as the incumbency period was shown incorrectly and a second Memorandum dated 19.02.2010 was issued on the same set of imputations of misconduct or misbehaviour. The respondent made detailed representation on 19.04.2010 against the aforesaid second Memorandum dated 19.02.2010. Imputation against the respondent was that while working as Sub Post Master in the aforesaid Sub Office during the period from 11.07.2005 to 24.04.2008 she had concealed the fact of non-credit of Rs.10,50,000/- (Rupees Ten Lakhs Fifty Thousand) in the Government account by her husband Shri Digish Chandra Barman, the then Sub Post Master of the same Sub Office. It was further alleged that by her act in non-reporting the case, it had emboldened Shri Digish Chandra Barman to commit further fraud at Lakhipur Sub Office to the tune of Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand).;
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