30th June retirees case - Supreme Court passed comments- noncompliance costs as well as interest may be imposed.

Target torture - One GDS has been proceeded as if he loudly raised his voice in front of SDH at the time of questioning to procure business. Punishment awarded. it was upheld. Thereafter petition was preferred. Absolute misuse of quasi judicial power.

Sub: Submission of petition against the orders of Appellate authority & SPOs, ………..—reg

Ref: SPOs …………….. Memo No.App/01/2020 dated ………...20

 With due reverence, I submit this petition for your Benign consideration with the fervent hope of getting justice. This petition is submitted in accordance with GDS Conduct & Engagement Rules 2020 against the punishment order of the penalty of reduction of one stage of my TRCA from Rs.14360/- (Cell -7) to Rs.13940/-(cell – 6) in level 2 for a period of four years inflicted by IP, ………..  sub division and upheld by Appellate Authority SPOs, ………..vide memo cited under reference.

Facts of the case:-

(i) While working as ABPM, …………. BO a/w ……….. Sub Office the disciplinary proceedings were initiated against me on ………..2019 under Rule 10 of GDS conduct and engagement rules 2011.

(ii) That in the memorandum of charges issued by the ADA vide memo No. ADA/1/2019-2020 dtd the ………. the following allegations are placed against me.

“(a) Sri. ………….., ABPM, ………… BO, a/w ……… had not attended his allotted duty properly and he had refused to attend the work of opening of 20 new SB accounts on ……… assigned by the IP, ……..Sub division, and thereby failed to maintain devotion to duty as required in Rule 21 of GDS (Conduct and Engagement) Rules 2011.

(b) Sri. …………… ABPM, ………BO, a/w ………. on ……..2018 misbehaved by way of putting irrelevant arguments and posting challenge in threatening loud voice with harsh body language while review meeting of all staff at the time of Inspection of ………….. SO on ……… and refused to give statement including the irrelevant arguments and thereby failed to maintain devotion to duty as required in Rule 21 of GDS (Conduct and Engagement ) Rules 2011.

(c) For the above charges I have submitted the following reply

I have been working as GDS in our department for more than 30 years and aged 55 years. I am suffering from lot of health ailments and facing some financial crunch in my family and working with lot of depression. In this depressed and distressed mood on …………., IP, ………Sub division asked me about the least no of letters received for delivery to the BO. I have explained the fact that I am no way connected for the receipt of letters received for delivery at the BO. However, he has again asked me to open 20 SB new accounts immediately on the next day i.e. ……….2018 without giving sufficient opportunity for me to reply.

However, I had politely replied that since I have to attend my health check up in connection with my bad and deteriorated health I could not able to carry to open the accounts on ………2018 either personally or putting best efforts to procure from the public. I had expressed my consent that I will open the same in the coming days. But the same was not accepted by the IP and he immediately shouted against me and asked me to open 20 new accounts by putting my own money. I had replied that, I had already suffering a lot financially and it is not possible to open new accounts by putting my own money.

But IP had not convinced in my replies on the above and he repeated the same things. Immediately due to my mental pressure and because of the sufferings I have been faced during that time I have replied in firm about my inability to open the accounts by incurring my own money with raised voice and left the place. Because of the threatening posture of the officer, the other GDS were frightened and misconstrued as if I had refused the orders of the IP. 

Being a human being only and with lot of mental distress on the particular day due to unexplainable family problem and health deterioration, I had replied to the IP in a firm voice which was taken as if I have misbehaved with him. Though I have expressed my inability to attend the special drive on ……….2018 have never refused to open the accounts. I have opened not only 20 but also a greater number of accounts in the coming days, and informed the same to the IP on subsequent days.

Even after my humble appeal for my pathetic situation, I was issued with a charge sheet alleging that I spoke to IP, ………Sub Division in a loud manner at …………SO. I honestly admitted the charges during the inquiry and hence I did not make any representation against IO report.

Since the IP’s version to open 20 SB accounts immediately on my own expenditure or to recommend to abolish my post which I am working continuously has caused more pain and I reacted in a very polite manner the I am unwilling to incur any expenditure for opening fake accounts in order to reach the targets and if there is no justification for the workload, I am ready to obey the orders of him.

The ADA & IP, ……….. sub division has inflicted the penalty of reduction in one stage of my TRCA from Rs.14360/- (Cell -7) to Rs.13940/-(cell – 6) in level 2 for a period of four years with effect from ……….. I have made an appeal against the order of disciplinary authority to appellate authority on ……….2020 requesting to set aside the punishment citing all the above and also my financial constraints due to the imposition of the penalty after having 31 years of unblemished service in the Department.

But the Appellate Authority had rejected my appeal vide SPOs …………division memo No. App/01/2020 dt ………2020 without considering the merit of my submission and my financial liability. So I have no other alternative except to stand before you with my folded hands seeking justice and hence this humble petition.

Grounds for relief:-

1. I submit that the Department caused several orders not to harass the GDS with unrealistic targets and the incidence happened is only on the pretext. Initially I have been threatened that in case of non opening of 20 accounts immediately on the same day my post will be abolished and I will be thrown out.
2. I submit that the duty hours and distance factors are fully justified for the post and I am rendering the service over 31 years without any remark and appreciated by all the predecessors of this officer. Since I have been threatened in heavy tone I just reacted but never misbehaved or uttered any abusive language which I have admitted in the enquiry.
3. I cannot be made as a scapegoat in this case since the episode is fabricated and made up with a definite purpose to punish me due to my resentment of opening fake accounts to reach the targets by incurring my expenditure due to my financial inability.
4. The other GDS available at that time were forced to give statements against me and being the subordinates to the said officer, they have no other alternate except to act as per the dictates of the said officer. Even though, he pressurised, no one has said that I have uttered abusive or unparliamentary words except raising my tone.
5. It is true that I have been provoked by the said officer and I had firmly refused to open the accounts by spending my money which cannot be construed as misconduct.
6. I earnestly submit that directing the subordinates violating the Govt orders and open fictious accounts by incurring expenditure by the GDS is tantamount to the defying of the Govt of India orders and is nothing but exploitation of labour which has not been noticed by the authorities in my case. The Directorate orders that no GDS should be harassed on business procurement has not been well taken before inflicting the punishment. The route cause for the incident has been totally side lined and I have been made as a scape goat even though I reached the target one and half time obediently within a week which has not taken for the consideration.
7. In my appeal dated ……..2020 addressed to Appellate Authority SPOs, ………..I requested to reduce the punishment imposed by considering my financial constraints and hardship faced in looking after officiating duties of Postman/MTS. But the Appellate authority SPOs ……………turned down my request and summarily rejected my appeal.
8. In Article of charges –I it is alleged that I failed to attend the duties of opening of 20 new accounts assigned by the IP, ………..Sub Division. It is to submit that I never said that I will not open 20 new accounts but stated that I could not go for account opening drive due to my family problem on that day i.e ………..2018.
9. It is pertinent to submit that in ………… division, there was heavy torture to the GDS in procurement of SB accounts and resultantly one GDS committed suicide and one Mail overseer died due to non grant of leave for celebrating his daughters marriage. There were heavy torture and all the GDS were in the grip of fear and tension and I was one among them at that time.
10. Due to the outburst of the feeling, I have raised my tone while the IP threatened me that he will send out me from this job which I was working over 31 years with unblemished and good service to the public and the Department. The extenuating circumstances in this case has not been considered both by the disciplinary authority and the appellate authority.
11. Since I have prayed unqualified apologies, for the incident and praying for mercy considering my past unblemished service, I would have been let off leniently where as I have been punished harshly leaving me alone as responsible for the incident.
12. The version of IP, ………Sub Division at the moment coupled with my mental stress prevailed at the time culminated to place my version forcefully for which I place my sincere regrets. My act is not intentional and hence not done in ill motive.
13. Further I submit that my beat length is 25 KMs. I have 10 fixed villages and 12 unfixed villages. Apart from the delivery work, I am also engaged in the duty of 5 LB clearances.
14. The punishment inflicted was not in commensurate with the gravity of error done, since my act was not wilful and done in out of mental agony prevailed at the time.

Prayer:-

1. I put in 31 years of unblemished service and my integrity is beyond doubt. I never come across any adverse remark in my career. I never failed to perform duty or any assignments given by higher authorities and totally coordinating and dedicating for the tasks assigned to me. However, I pray once again unqualified apologies for the incident taken place and I assure that I will not come with any adverse notice of my superiors.
2. The act was done where I have been lost my mental equilibrium and never intended to do so. Also, I opened 31 new accounts in the same week in obedience of IP, ……….. Sub Division.

Hence, I humbly beseech the ………….. region to kindly consider my appeal sympathetically taking into considerations of my financial circumstances. I pray to set aside the punishment of reduction of pay imposed by IP, ……….. sub division vide Memo No. ADA/1/2019-2020 dated at ………the ………. and render justice for which act of kindness I shall ever remain grateful.

Thanking you in anticipation sir,