- (1.)BY way of this writ petition, the petitioners, related with the Department of Posts, seek to question the order dated 04.05.2012 as passed in Original Application ('OA') No.330/2011 whereby the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ('the CAT') has quashed the order dated 21.07.2011 whereby the Superintendent of Post Offices, Churu Division, Churu had, in the disciplinary proceedings, imposed the punishment on the applicant-respondent of recovery of an amount of Rs.8,564/- and reduction to one stage in the pay scale for six months without cumulative effect.
(2.)IN brief, the relevant facts and background aspects could be noticed as follows: The applicant-respondent was subjected to the departmental proceedings with reference to the facts that on 10.02.2001, while working on the post of Assistant Post Master (Savings Bank), Barmer HO ['APM'], he closed down one savings account No.509137 as opened in the name of Vikas Adhikari, Panchayat Samiti, Balotra with reference to an order of the Director General dated 28.07.1987 while treating the amount in the said account as government money; and, while detaining the amount of interest to the tune of Rs.1,59,197.75, sent the remaining amount of Rs.3,67,000/- to the depositor. It was further stated that the depositor Vikas Adhikari filed a civil suit for recovery of the said amount of interest; and the District Court, Balotra, in its judgment dated 01.06.2006, found the account to be a regular one. The imputation against the applicant had been that he did not properly interpret the rules and under the Court's order, the Department had to make payment of extra interest and so also the costs of litigation, in all totaling to Rs.17,127/-, for which, two employees were responsible, the applicant being one of them who was liable for half of the loss i.e., Rs.8,564/-. The charge against the applicant, as reproduced in the order dated 21.07.2011, reads as under:-
" . . ( ) , " % &, ' '. 509137 ' 10.2.2001 ' 60/13/87- ' 28.7.1987 " and % 0 (" 1996-97 1999-2000 ) 159197.75 " 367000/- 4 (" % &, ' ) "& 0 159197.75 " " "' 9/03 " "' ' 3.6.2006 4 ? 0 and &' 0 ? 0 " " and " 10929/- 0 ' 1.1.2006 ' 15.3.2008 " 6198/- 10929+6198/- 17127/- 0 " and " % 8564/- 4 : 4 . . " ( ) , "& 1981 4 ( ) ' "' " I& " " () "& 1964 3(1) (ii) " 'J " "

The applicant-respondent stated in his reply, inter alia, that while working as APM, the account in question was closed by him for the order issued by the DG, New Delhi on 28.07.1987 that was circulated under the circular dated 19.01.2001 as issued by the Post Master General, Jodhpur whereunder, the government accounts were directed to be closed without interest. The applicant-respondent also submitted that the consistent stand taken by the Department had been against the claim of interest on the account in question and hence, no order for refund of interest was issued despite receiving the communications dated 07.02.2001 and 17.02.2001 from Panchayat Samiti, Balotra and dated 20.02.2001 from the Collector, Barmer; and despite receiving the notice under Section 80 CPC, as served by the lawyer on behalf of the Panchayat Samiti, Balotra on 20.04.2001. The applicant submitted that if any wrong recovery of the amount of interest was made, the concerned authorities would have definitely made the orders for payment of interest but and instead, the suit as filed was specifically resisted by the Department. The applicant submitted that if at all he was at liability, the other officers were equally responsible in the matter.

(3.)THE learned Disciplinary Authority, however, observed that the applicant wrongly closed the account in question whereupon the suit was filed and because of the decree passed by the District Court, Balotra, the Department had to make payment of costs of litigation and further interest and thereby, incurred the loss of Rs.17,127/- for which, the delinquent-applicant was also responsible. The considerations of the learned Disciplinary Authority could be noticed in the following:-
" and ' 60/13/87- ' 28.7.1987 and ? , " &' 4, ' '. 509137 " % and ' and O ( ) " ' 10.2.2001 and % , 0 (" 1996-97 1999-2000 ) 159197.75 " 367000/- 4 " 0 " % and ' " "& 0 159197.75 " " " "' '. -9/03 " ' 3.6.2006 " " " and " 10929 " ' 1.1.2006 15.3.2008 6198 " 10929+6198 = 17127/- 0 " " ? " and 4 ' &' 4 ' 0 " 0 159197.75 ' 1.1.2006 15.3.2008 6198 "' " 10929 17127/- 4 "