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2021 (12) TMI 421 - HC - Indian LawsSeeking refund of recovered amount from post office - procedural irregularity or not - premature withdrawals of monthly income scheme account - HELD THAT:- The respondent was working as a postal assistant at the Purulia Head Post Office. The process of making payments at the post office comprised of the following steps. After an MIS pass book was presented to the counter, the signature was to be tallied by the ledger clerk. Thereafter, the Assistant Post Master signed the vouchers. Only then could the respondent pay any sum of money to the messenger or payee concerned in cash. Therefore, quite clearly the respondent was not the disbursing authority - once the Assistant Post Master signed the vouchers and sanctioned the payment, it was not open to the respondent to stop such payment. As such, no liability for any purported illegality in making such payment in cash could be attributed to the respondent. Besides, although the respondent had clearly disputed the allegations in the charge sheet issued to him, no enquiry was conducted in this case. In O.K. BHARDWAJ VERSUS UNION OF INDIA (UOI) AND ORS. [1996 (10) TMI 522 - SUPREME COURT], the Hon'ble Apex Court, inter alia, held that if the charges were factual and if they were denied by the delinquent employee, an enquiry should be called for. However, in the present case, no such enquiry was undertaken although the delinquent respondent/employee disputed the allegations levelled against him. The implication of the respondent in the alleged irregular disbursement of money on Monthly Income Scheme account of a depositor to a messenger does not appear to be tenable either on facts or in law - Application dismissed.
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