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New Delhi, Nov 17: The Supreme Court of India ruled that the act of returning mis-appropriated public funds is not sufficient to prevent dismissal of a government employee & set aside a judgment of the Rajasthan High Court which had reinstated a postal employee accused of embezzlement thereby sending a stern message about trust and accountability in public services.
The case involves a Branch Post Master/Gramin Dak Sevak appointed on 12 January 1998 under the rules governing the postal service. During an annual inspection on 16 June 2011, serious irregularities were discovered, although passbooks were stamped for deposits taken from account-holders, corresponding entries were omitted in the official ledger.
A chargesheet followed on 17 December 2013 & the employee, for his part, admitted to the misconduct during the inquiry and later deposited the misappropriated money back into the account-holders’ accounts.
The Department imposed the penalty of removal from service. However, the Rajasthan High Court intervened and set aside the removal, reinstating him causing filing of SLP before the Supreme Court.
Apex Court said that the High Court had exceeded its jurisdiction, which sends a message to all public service employees; mis-appropriation of public funds, however small, and regardless of later refund, will meet with serious consequences.
The Court emphasizes that even minor breach of trust undermines the whole institutional system. Employees with long service may allege ignorance of rules; the Court firmly rejected that as a defence BUT he had been in service for about 12 years & ignorance of rules cannot be accepted.
Apex Court added that High Courts should restrain from entering into merit-based re-evaluation in disciplinary matters and limit themselves to procedural oversight, to align with this precedent.
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