Model Representation 12 - Recovery ordered for the burglary against the SPM

There was a burglary taken place at one Post office. The SPM was kept excess cash for SB withdrawal but had not obtained the SB7 warrant form to show the liability. Even though the depositor agreed that she had given the pass book for withdrawal, the SPM was proceeded under Rule 16 and ordered for recovery of the amount. The following is appeal prepared in that case. Finally, a case was filed in CAT and set aside the recovery. Just for information.

Sub : Submission of appeal against the orders of punishment issued by the …………….

Ref: F1/7-19/18 dtd at …………. the ……… of SSPOs, ………..

I submit this appeal to the appellate authority for his kind consideration and favourable orders.  The reference cited may kindly be referred to.  This is the proceedings issued by the DA for imposing punishment of recovery. The punishment order was received by me on …………and the contents therein were gone through and found it is not maintainable.  This appeal is prepared and submitted in accordance with Rules 22 to 26 of CCS (CCA) Rules. 

The case in brief is as follows:

 Initially, I was issued with a Rule 16 charge sheet vide memo no F1/…../… dated ……...  The charge sheet contains a statement of imputations of misconduct/ misbehaviour.  The statement reveals as

“ Smt. ……………, now working as SPM, …………, so while working as SPM, …………  SO, on ………., has kept excess cash of Rs. 93801/-(Rs. Ninety three thousand eight hundred and one only) on ………….. and Rs. 113448/-(Rs. One lakh thirteen thousand four hundred and forty eight only) on …………. by raising ECB memo no. 15&16 respectively by noting the liability for the SB account no. …………. as Rs. 93000/-(Rs. Ninety three thousand only) and Rs.113000/-(Rs. One lakh thirteen thousand only) on ……….., without obtaining warrant of payment for the liability shown as prescribed in Rule 31 & Rule 101 of Postal volume VI Part III.          

Further Smt …………. had failed to maintain SO account from ……….. as required in Rule 98 of Postal Manual Volume VI Part III.           

Detailed enquiry revealed that in the night hours on ………, there was a theft at …….. Post office and Inventory of cash and stamps were taken by ASP, ……… Sub division duly witnessed by Smt …………. and it was found that cash to the tune of Rs. 118340/-(Rs. One lakh eighteen thousand three hundred and forty only) was stolen.  It was found that the said official has kept excess cash of Rs. 93801/-(Rs. Ninety three thousand eight hundred and one only) on ………….. and Rs. 113448/-(Rs. One lakh thirteen thousand four hundred and forty eight only) on ………. by raising ECB memo no. 15& 16 respectively and she failed to get SB-7(withdrawal form), (Warrant of payment) in support of the liability.  She has further kept excess cash on both the dates without effecting withdrawal to the extent of availability of cash in the office as required of her, in the event of request from the depositor of SB account no……………….        

The authorized cash balance of ……….. SO is minimum cash balance- Rs. 5000/- & maximum cash balance –Rs. 7500/- as per memo of authorized balances.       

Smt …………., in her statement dated ……… given before ASP, …………Sub division has stated that one of the depositors of SB joint B a/c no …………, Smt. ………, requested for a withdrawal of Rs. 120000/- orally and hence she kept the excess cash balance collected at the counter on ………… by raising ECB memo no. 15& 16 respectively for Rs. 93801/- (Rs. Ninety three thousand eight hundred and one only) on …….. and Rs. 113448/- (Rs. One lakh thirteen thousand four hundred and forty eight only) on ……… without getting application for withdrawal duly filled in (SB-7).      

Smt. …….., one of the depositor of SB account no. …….., in her statement dated given before ASP, ………. Sub division has deposed that she requested for withdrawal of Rs. 120000/- from her account on ……… and the SPM, ………… SO informed that as there was no sufficient cash, she will let her know when the required amount is collected, she will inform her and collected the SB Passbook only from her and no application for withdrawal was obtained.      

A show cause notice was issued to ………….., vide this office letter of even no. Dated ……… directing her to express her willingness or otherwise to credit the amount of Rs. 118340/- fixed for her lapses within 10 days and the show cause notice was issued without prejudice to initiation of disciplinary action if any, and the said official vide her reply dated 21.04.18 requested not to initiate any action till the final outcome of the present investigation by the police authorities on the basis of FIR filed.       

That it is imputed that Smt ……….., while working as SPM, ………..,  has failed to follow the provisions contained in Rule 31, 98& 101 of Postal Volume VI Part III and thereby failed to maintain devotion to duty thereby violated the provisions of Rule 3(1) (ii) of CCS (Conduct) Rule 1964. “

For the above charges, I submitted the following reply

“At this juncture, it is my humble submission that the only charge levelled against me in the charge sheet that I was not obtained SB7 application form from the depositor Smt ………. for the intended withdrawal of Rs.120000 in her SB account No ……….. standing at …… Po. I am accepting the charges as I did not obtain the SB7 form from the applicant due to extraordinary pressure of work on the day. It is not practically feasible to observe all the formalities in the said office while working single handed. The work load of the office may kindly be verified which will reveal the facts to the Grandee SSPOs, …………..

Being a B class office with one PA, I was managing the office single handed and I could not effectively observe the rules due to over pressure of work in the office bearing the workload which may about 15 to 16 work hours daily. I could complete the work with extraordinary speed or otherwise I must remain in the office up to 2100 hours daily. The extenuating factors due to heavy pressure of work which led not to obtain the SB7 form but orally accepted the request of the depositor shall be considered and I may please be excused. Further it is most pertinent to submit that the depositor herself stated the fact that due to paucity of funds the withdrawal could not be effected on the day and she was asked to take payment next day. The depositor was not ready to accept part withdrawal of the amount and she demanded in one lump sum. I submit that merely on technical formalities brushing aside the facts, extenuating factors and realities, I should not be made as a scape goat.

Further I submit that I am not directly responsible for the loss sustained to the Department as per Rule 11(iii) of CCS CCA Rules 1965. I have kept the money for the withdrawal to the depositor in respect of SB account no ……… at her oral request and in the pressure of work and in the absence of another PA post which was kept vacant for a long period, I could not obtain the SB 7 form from the depositor. The Depositor has also given statement to the Department that she had requested the SPM to allow the withdrawal for the next day.

Considering the extenuating circumstances prevailing in the office being working single handed with heavy pressure of work in the delivery office having BOs, I may please be pardoned and excused. The workload if need be on the particular day may please be assessed and ascertained that how I was working with pressure in the midst of much burden of work. It will prove my innocence and the extenuating factors. There is clear justification for augmentation of one more PA to this office besides the existing establishment of one plus one and out of two sanctioned strength, one hand is being kept short permanently.

I further submit that in the Directorate letter No. 15-9/74-INV dated 10.02.1975, it is stated interalia to consider the extenuating factors and the question of recovery.

'However, it has been observed that recoveries for loss are being affected even from the officials held remotely guilty of contributory negligence. This creates a feeling of frustration and insecurity, instead of aiming at efficient and proper services, the staffs are prone to adopt a defensive posture to work. It is, therefore, necessary that these rules be implemented in proper spirit. The primary consideration need not be question of recovery of the loss in full. Sometimes, the supervisory officials who may be remotely connected with the case, are punished with recovery solely for this purpose. The default of, (or lapses of), each official should be judged carefully, to see if his offence merits recovery and/or any other punishment. Pecuniary responsibility need not be fixed for mere routine and petty lapses. For effecting recovery negligence should have been the direct or proximate cause of the loss to the Government and loss sustained was a probable consequence of that lapse'.

I am fortified with the Directorate orders stated in para supra and I may be excused for the single lapse which is not directly contributing to the theft taken place in the midnight. There were several guidelines from the Department that unless the official is directly responsible for the loss sustained to the Department, no recovery should be effected. As I am not guilty in the theft case and I may not be fixed as a scape goat in this case.

The Disciplinary authority has ignored all the above facts and further stated that the version of the depositor that she will take payment only in full and ready to take on next day is totally false as if my version is false despite the fact that the depositor has admitted the facts in the oral investigation itself. The Disciplinary authority should not come to the imaginary conclusion that as if the depositor has not demanded payment in full despite her statement before the Inquiring authority at the primary stage which is nothing but a farce. The major factors for keeping the office singlehandedly despite the justification for further augmentation of one more PA besides the one plus one sanctioned strength which was managed by me single handedly has been totally side-lined and ignored.

 Further it is the case of burglary and cannot be construed as theft and I am in no way directly responsible. After the burglary, the SSPOs ……… has immediately introduced cash bag custody every day for overnight safety at ………Po which itself proves that the safety of the office has not taken care by the divisional administration earlier and in such case I cannot alone be made as a scape goat just to recover the full amount of burglary including the admissible minimum cash balance and other liabilities which shows clearly prove the preconception and pre determination of the disciplinary authority and injustice caused to me.

It is pertinent to submit that the lapse on my part is only not obtaining the SB7 application form from the depositor which is due to heavy pressure of work and not feasible at that time and obtained the pass book from the depositor. The extenuating factors have been simply ignored by the disciplinary authority while awarding punishment against me for the commissions and omissions. The loyal worker has been penalised for the cause of burglary. The decision of the disciplinary authority is nothing but to fix me on pretext or the other to recover the entire loss due to burglary for which I was not at all responsible.

 Moreover, it is submitted that some lapses may be noticed while investigating the case.  For which, recovery of pay is not remedy.  These are all the commissions of omissions and can be set right.  Regarding the laws of government money, I cannot be identified as responsible for the loss.  The incident taken place is a burglary and is being investigated by above said police.  A copy of the FIR received from the police is enclosed herewith. The Divisional administration should process the case and recover the amount from the intruders who burgled the money.

Therefore, in conclusion and for the reasons furnished the order of the pay recovery made in Memo no. F1/7-19/18 dated ……….ordered by The SSPOs & DA, ………. Division, may kindly be set aside or at least be kept in abeyance until the police case is finally disposed off.  I shall be thankful to you sir if my prayer is considered and ordered accordingly.  A copy of the punishment order is enclosed herewith.