CHENNAI: Can an employee
be punished twice for the same offence? No, said the Chennai bench of
the Central Administrative Tribunal (CAT) on Wednesday quashing an order
of the ministry of communications and IT to initiate fresh proceedings against a retired assistant postmaster who had undergone punishment for his supervisory lapses.
The matter pertains to V
Muthukannu, sub-postmaster in Karur division, who was accused of
irregular closure of a recurring deposit and non-account of deposits. In
his submissions to the tribunal, Muthukannu said in March 2010, the
superintendent of post offices ordered recovery of Rs 8,000 per month
from his salary for the loss caused to the postal department. After
seven months, it was increased to Rs 12,000. For his contributory
negligence, he paid Rs 5.07 lakh to the department. Also, for a year,
his salary was reduced and no increments were provided, said Muthukannu.
However, in April 2012, a
month before his retirement, the member (personnel), department of
posts, dropped the earlier concluded proceedings and initiated a fresh
proceeding for the same lapses. He was also issued a memo stating his
retirement benefits had been withheld. He asked the CAT to set aside the
order for fresh proceedings.
In the counter, the
department of post denied the averments and said Muthukannu was involved
in a fraud to the tune of Rs 17.46 lakh at the Karur head post office.
Fresh proceedings were initiated according to the rules and there was no
question of "double jeopardy." Further, it was an exceptional case and
had to be dealt with accordingly.
The bench
comprising judicial member B Venkateshwara Rao and administrative
member P Prabhakaran said, "Once the punishment imposed is undergone, no
one can direct a fresh inquiry in the same set of charges."
The bench quashed the order for fresh proceedings and directed the department to pay all retrial benefits to Muthukannu.
