- (1.) THE instant writ petition has been filed by Union of India through the Secretary Government of India, Ministry of Communication, Department of Post and others under Article 227 of the Constitution of India to challenge the judgment dated 29.08.2013 (Annx.4) passed by Central Administrative Tribunal, Jodhpur Bench, Jodhpur in O.A. No.252/2012 whereby while quashing impugned orders dated 16.4.2012 (Annexure -A/1) and 19.5.2011 (Annexure.A/2), the Tribunal passed an order to refund the amount recovered from the respondent applicant within six months.
(2.) AS per facts of the case, the respondent while working in the capacity of PA (SOSB) Jodhpur failed to perform his duties as Supervisory check of SB transaction list dated 4.8.2007 received from Phalodi S.O. and due to his negligence, two main offenders of Phalodi Fraud Case succeeded to commit a fraud to the tune of Rs.2 crores. The respondent applicant was appointed as Postal Assistant in the year 1991. Thereafter, he worked at several places as Postal Assistant under the control of Superintendent of Post Offices, Jodhpur. When he was posted at SOSB Jodhpur HO, a fraud case was lodged against two officials of Phalodi Post Office, and FIR was also lodged against him. According to the respondent applicant, no role was alleged for offence of mis -appropriation by the officials of Phalodi Post Office against the respondent applicant and case is pending before CBI Courts against those persons but the Department passed the impugned order or recovery of Rs.50,000/ - without fixing his liability. In the Original Application, it is specifically pleaded by the respondent applicant that the respondents has failed to assess the loss caused by the applicant to the Department but recovered the amount without any basis, therefore, the recovery of Rs.5o000/ - is against the principle of natural justice.
(3.) THE respondent applicant pleaded in the application filed before the Tribunal that the punishment order has been passed illegally without fixing any liability because the applicant has no role in the fraud committed at Phalodi Post Office, therefore, the order of recovery of Rs.50,000/ - may be quashed.;