Request to Exempt Contributory Negligence Recoveries in Loss and Fraud Cases

To,

Ms. Vandita Kaul Ji, IPOS

Hon'ble Secretary (Posts)

Department of Posts,

Dak Bhawan, New Delhi 110001

Subject: Request to stop contributory negligence recoveries in loss and Fraud cases to ensure recoveries only from the primary offenders involved in loss and fraud cases and penal action only must be taken against the subsidiary offenders - reg

Reference: CAT, Ahmedabad Bench Judgment in OA No. 232/2022 (Copy enclosed).

Respected Madam,

This association wants to bring to your esteemed attention a pressing concern regarding the misapplication of CCS (Conduct) Rules, 1964 in the Department of Posts.

As you may be aware, the Hon'ble CAT, Ahmedabad Bench, in its landmark judgment vide OA No. 232/2022, has ruled against the arbitrary and unlawful recovery of fraudulent amounts either in full or in part-from subsidiary offenders in departmental fraud cases. The tribunal has unequivocally directed that such recoveries should cease immediately and that any amounts already recovered should be refunded to the affected employees. A copy of the judgment is attached herewith for your kind perusal.

It is pertinent to highlight that the current CCS (Conduct) Rules do not contain any explicit provision for recovering fraudulent amounts from subsidiary offenders. Moreover, there is no clarity regarding the extent, percentage, or conditions under which such recoveries should be made. This lack of legal clarity has resulted in inconsistent interpretations, leading to unjust recoveries and undue financial burdens on employees who are not directly responsible for the fraud.

Our observations indicate that, in many instances, disciplinary authorities have exercised discretionary powers arbitrarily, imposing excessive or even unjustified recoveries. Some officials have reportedly misused this ambiguity to settle personal scores or to demonstrate an exaggerated sense of vigilance. Such actions not only violate principles of natural justice but also erode trust in the system.

Furthermore, the inconsistency in recovery practices creates administrative inefficiencies and places undue financial strain on less capable employees, while similar violations at higher levels often go un-penalized. This duality in enforcement is unfair and demoralizing for the workforce.

In light of the above, we earnestly urge you to take immediate steps to:

1. Give instruction to all the Postal circles to stop the unlawful recovery amounts from the subsidiary offenders in our department in India.

2. Ensure compliance with the CAT, Ahmedabad Bench judgment and initiate the process for refunding any amounts that have already been recovered.

3. Review and clarify the CCS (Conduct) Rules, 1964, to establish clear, just, and transparent guidelines regarding recoveries from only primary offenders in departmental fraud cases.

4. The concept of contributory negligence recoveries should have been totally eliminated from loss and fraud cases whereas only disciplinary action must be taken against such negligence of duties.

We firmly believe that implementing these measures will uphold fairness, restore trust in the disciplinary process, and improve overall operational efficiency within the Department of

Posts.

We appreciate your time and consideration and look forward to a positive response at the earliest. We remain available for further discussions on this matter at your convenience. Thanking you in anticipation.

Copy enclosed.

Yours sincerely,

Qa Pd

(Ananta Kumar Pal) General Secretary