P V KESAVAN vs THE SECRETARY MINISTRY OF COMMUNICATION AND IT DEPARTMENT OF POST NEW DELHI on 3 November 2026

1. Union of India represented by the Secretary to the Government of India, Ministry of Communications & Information Technology (Department of Posts), Dak Bhavan New Delhi-110 001

2. The Director General of Posts, Department of Posts, Dak Bhavan, New Delhi-110 001

3. The Chief Postmaster General, Kerala Circle, Department of Posts, Thiruvananthapuram-695 033

4. The Post Master General, Central Region, Department of Posts, Ernakulam-682 020

5. The Superintendent of Post Offices, Changanassery Postal Division,

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Department of Posts, Changanassery-686 101

6. The Block Development Officer, Office of the Block Development Officer, Government of Kerala, Pampadi P.O. Kottayam District-686 502

7. The District Collector Office of the District Collector, Kottayam-686 002 -Respondents

[By Advocates : Mr. N. Anil Kumar, SPC (R-1 to R-5) Mr. M.M Salim, Senior GP (R-6 to R-7)] The Original Application having been heard on 03.11.2026, the Tribunal on the same day delivered the following: O R D E R (Oral):- Justice K. Haripal, Judicial Member The applicant is a former Senior Superintendent of Post Offices. He has retired on superannuation. At the time initiating the OA, he was Senior Superintendent of Post Offices in Kottayam Postal Division. He has challenged Annexure A1 order dated 16/19.08.2019 issued by the Superintendent of Post Offices, Changanassery.

2. Annexure A1 suggests that large scale of fraudulent/closure withdrawal of amounts from SB/RD/MIS accounts in Velloor and Pampady

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Sub Offices were committed by Smt. Vinokumari, Mahila Pradhan Agent. The liability of loss to the investors was worked out to Rs.79,48,772/- including interest and penal interest as on 31.08.2019. Attributing supervisory lapses, proceedings were contemplated against the applicant and others and Annexure A1 was issued to him on the following lines; “........ The Competent Authority has decided to recover the loss from among the subsidiary offenders involved at various hierarchy levels and directed the undersigned to initiate its process immediately. The share of loss attributed to you as Subsidiary Offender is Rs 1589754.00 (Rs Fifteen lakhs eightynine thousand seven hundred fifty four only). As such, you are requested to please credit Rs 1589754/- into Departmental Account, voluntarily, -within seven days of receipt of this letter. Failing compliance, the undersigned is further asked to inform you that the competent authority is contemplating to initiate disciplinary proceedings against you under CCS(CCA) Rules 1965. As the Past Work verification is still going on, the magnitude of the actual fraud is yet to be assessed. Your share of loss arrived at is based on the available information. If any further loss came to light in the continuing verification process, it is intimated that you will be liable to credit its share also “

3. Applicant has challenged Annexure A1 as being arbitrary, discriminatory, contrary to law; he complained that it was issued without giving an opportunity to show/cause as to why he should not be treated as

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4. From the plain reading of Annexure A1 it is clear that the quantification made therein was only tentative. However, it is not known what is the outcome of the Past Work Verification mentioned in Annexure A1. It has also come out that thereafter disciplinary proceedings were initiated against the applicant on the following charges; “ Article I

That Shri P. V. Kesavan, while working as Superintendent of Post Offices, Changanassery Division from 30.09.2009 to 04.06.2014 had not conducted the Annual inspection of Velloor class II SO (which was functioning single handedly) according to the then prevailing Inspection Questionnaire and the instructions circulated vide Para 2(ii) of Directorate letter No. 4-95/Misc. 03/2007-INV dated 16-07-2007 by not carrying out the mandatory checks prescribed in Question No. 27(ii) and 32(c) of the inspection questionnaire. Article II That Shri P. V. Kesavan, while working as Superintendent of Post Offices, Changanassery Division failed to ensure the completion of Past Work Verification of all monetary transactions made at Vellore SO for the period from 03-10-2008 to 20-11- 2010 till his date of relief on 04-06-2014 from

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Changanassery-division, thus violating the instructions in the DDG Posts letter no 8-1/Rlg/87 Inv dated 15-01- 1988 regarding completion of verification of past work within three months of detection of fraud and departmental investigations within six months of date of detection of fraud and the Rule 218 of Postal manual volume V. Article III That Shri P. V. Kesavan, while working as Superintendent of Post Offices, Changanassery Division failed to comply with the instructions of the Regional Office by submitting the second DLIR ordered after a delay of two years without furnishing the required details and not complying with the provisions of Rule 219 of Postal manual Volume V........”

5. Annexure MA-2 order produced along with MA./819/2023, indicates that the disciplinary proceedings was initiated under Rule 14 of CCS(CCA) Rules, culminated in finding him guilty of the charges. By that time, since the applicant had already retired from service, the matter was referred to the Union Public Service Commission and after getting advice of the UPSC, comments of the applicant was sought for. After considering the comments, by the order dated 05.07.2023, the President of India accepted the advice of UPSC and imposed a penalty withholding of 20% of the monthly pension otherwise admissible to the

A X Sherin applicant, for a period of three years. Further it was directed that any loss attributed to the charged officer/ applicant can be recovered from his gratuity and balance, if any, can be released, if otherwise not required in any other case.

6. Order of this Tribunal dated 09.10.2023, shows that Annexure MA2 order was brought to the notice of the Tribunal. On that basis the Tribunal directed to withhold the said amount and balance be released to the applicant.

7. We heard Sri. T.C. Govindaswamy, learned Counsel for the applicant and Sri. N. Anilkumar, learned SPC for the respondent Nos. 1 to 5 and Sri. M.M. Salim Senior GP for the respondent Nos. 6 and 7.

8. As stated earlier, quantification made in Annexure A1 was only tentative. The recovery of any such amount stood restrained by the order of the Tribunal. Thereafter the applicant faced disciplinary proceedings and already suffered cut in his pension by 20%, for three years.

9. Learned Standing Counsel has submitted that, barring an amount of Rs. 4,00,000, entire gratuity has been released to him.

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10. In the light of the subsequent developments, thus the Annexure A1 communication has lost its significance and relevance. Thus, the Original Application is closed. No costs. (Dated, 03rd November, 2026) BRAJ MOHAN AGRAWAL JUSTICE K. HARIPAL ADMINISTRATIVE MEMBER JUDICIAL MEMBER rkr

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List of Annexures in O.A No. 934/2019 Annexure-A1: True copy of Order bearing No.F.4-2/2010-11/ Vol.V Part V dated 16th/19th August 2019 issued by the 5th respondent Superintendent of Post Offices. Annexure-A2: True copy of the Order No.GEO 209/95/GD dated 10.08.2007 issued by the fifth respondent Annexure-A3: True copy of the relevant pages of taken from the Post Offices Manual Vol. II containing Rule 17((9)(iii) indicating the liability of the State Government Annexure-A4: True copy a communication of the Ministry of Communication and I.T., Department of Posts bearing No. 107-02/2017-SB dated 11.8.2017 indicating the nature of action to be taken in the event of any fraud or misappropriation committed by SAS/MPKBY Agent. Annexure A5: A true copy of the representation dated 22.08.2019 addressed to the 4th Respondent Annexure A6: A true copy of the reply dated 12.12.2019 addressed to the 4th respondent Annexure R1- True copy of the Circle Level Investigation report dated 22.05.2019 Annexure R-2 - True copy of the Postal Directorate letter No. F.No. 4- 92/Ker-05/2016-Inv dated 23.07.2019 Annexure R-3 - True copy of Rule 58 of Financial Handbook Volume I Annexure R-4- True copy of Clause 3(b) of Appendix 4 of Financial Hand

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Book Volume I Annexure R-5- True copy of extract of Rule 11(iii) of CCS(CCA) Rules

Annexure R6(a) to R6(b)- True copies of the letters with No.F4/01/2010- 11/2 dated 24.10.2019 Annexure R7 - The true copy of the detailed calculation sheet for apportioning the amount of each serving subsidiary offender. Annexure MA1 : Copy of Interim Order dated 01.01.2020 Annexure MA-1: True copy of Tribunal interim order dated 01.01.2020 Annexure MA-2: True copy of DoP letter No. VIG-14/2/2021-vigilance-DOP dated 05.07.2023 Annexure MA-3 - A true copy of order dated 09.10.2023 in MA No. 819/2023. ************

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