Inquiry delayed, give full pay: HC

NT Correspondent

Bengaluru: The High Court of Karnataka has said that a branch postmaster (Gramin Dak Sevak) was entitled to full payment and allowances as the inquiry against him was delayed for a long time. He was put off duty on July 8, 2015 on the allegation that he had misappropriated Rs 2,500 from five money orders. However, the inquiry has been pending ever since.

The HC said that delays would affect the livelihood of the accused and the inquiry cannot be kept pending indefinitely. The accused is Laxman, 57, from Bidar. After the allegation in 2015, the charge-sheet was served on him after three years. The inquiry however did not complete even after four years after the chargesheet. Therefore Laxman approached the Central Administrative Tribunal.

The Tribunal directed the Department of Posts to complete the whole process of domestic inquiry within three months and also held that Laxman would be eligible for full pay and allowances. The Department of Posts, Union of India, approached the High Court of Karnataka against this order in 2020. The division bench of Justice Sreenivas Harish Kumar and Justice TG Shivashankare Gowda gave its judgment recently.

The Government’s contention was that as per Rule 12 of GDS (Conduct and Engagement) Rules, the exgratia payment payable to a put off employee should not exceed 50%. But the Tribunal has ordered full payment which is against the Rule. Laxman’s advocate contended that he was 57 years of age as on date and since four years have lapsed since the charge-sheet, the Tribunal’s order is correct.

The Division Bench noted that “In the case on hand, a direction was given by the Tribunal observing that because the inquiry could not be completed within a reasonable time even after issuance of charge-sheet, the respondent was entitled to full pay.”

The HC said there was nothing wrong in the Tribunal’s order and it was not interfering with it. “It is not disputed by the petitioners that the inquiry has not been completed. Rule 12 contemplates that charge-sheet has to be issued within 3 months and if it is prolonged beyond 90 days, then Ex-gratia not exceeding 50% of the pay is to be paid. It does not mean that petitioners can keep the matter pending for an indefinite period.

This kind of situation certainly affects the livelihood of the respondent. We do not find any infirmity in the impugned order. This petition is devoid of merits. Therefore, it is dismissed,” the court ordered.