The Chief Postmaster General,
Chennai 600 002.
No.P3/Misc. dt. 08.09.2011.
Memorandum submitted to the CPMG, TN Circle on arbitrary recovery of money from the staff in the name of contributory negligence, before taking any action on recovery of fraud amount from the guilty.
It is a known fact to all that one SAS agent Smt. Devasena, attached with Anna Road HPO , has obtained the signatures of the depositors, either in the closure applications or withdrawal forms , has committed frauds to the tune of Rs.18,00,000.00.The case was reported to the Police authorities and she has accepted the guilty and confessed that she has defrauded the amount of her own. The modus operandi, as stated by her, that she obtained the signatures of the depositors and acted as a messenger in most of the withdrawals. The administration has not taken any efforts so far to confiscate the property or her belongings in order to recover the defrauded the amount from her.
Whereas, the present Chief Postmaster, Anna Road HPO is attempting to fix responsibilities on almost all Pas working in SB Branch of Anna Road HPO, on one pretext or the other in order to recover the amount in contributory factors , by citing minor lapses or the mistakes left unnoticed, which come under the extenuating factors.
There was no violation of the statutory rules on this subject and there was no difference in the signatures available in the records and the agent was acted as a messenger in most of the cases which was permitted as per SB Rules. However all the PAs and supervisors have been tortured frequently.
This action of the administration is nothing but to protect the interest of the culprit. Instead of pursuing the case vigorously with the Police authorities for early prosecution of the guilty and with the Revenue authorities to recover the loss sustained to the Department, the Chief Postmaster, Anna Road is causing arbitrary and unwarranted actions against innocents.
It is to mention that the present action initiated to recover the loss sustained to the Department from the innocents is against to the provisions of Rule 106, 107 and 108 of Volume III and Rule 204 A(1) of Volume III, which stipulates that honest errors shall be condoned. This has further been discussed elaborately in FHB Volume I Appendix 4.
The Directorate vide their memo. no. 6/8/59-Disc. Dt. 9.7.59, while discussing about the recovery under contributory negligence stated that ‘it is of equal importance that the concept of contributory negligence should be correctly understood by the Disc. Authorities and there should not be any attempt to somehow or other effect recovery of the entire loss sustained by the Department by imposing punishments on official who are guilty of only minor omissions’.
Though the said SAS agent is having property worth to Lakhs and Lakhs of rupees, no action is taken by the administration to recover the loss sustained to the Department from the said agent, by moving state authorities or by confiscating the properties and belongings. Instead it is now resorting to cause action to recover the entire the amount from the innocent officials under one pretext or the other. They know the only way to harass their own staff. This causes serious concern.
Hence , the entire staff of Anna Road HPO , now ventilating their grievances by utilizing the form of age old trade union method of demonstration during the lunch hour on 08.09.2011 against this. Hence the Circle Union requests the Chief PMG , TN Circle kindly to intervene in this matter and issue instructions to stop such harassment on the staff by way of imposing huge amounts of recovery on them, for the frauds committed by the SAS agent , besides instructing to take suitable action with the appropriate authorities so as to confiscate the properties and belongings of the SAS agent, to recover the loss .
Thanking you Madam,