The Pinnacle Court said that can't show soft emotions if government officer deposited defrauded amount with interest

The Top Court today noted that undue sympathy can’t be shown towards a delinquent government officer, by reducing punishment, since he deposited the defrauded price with penal interest.

A bench comprising Justices M R Shah and B. V. Nagarathna said: "Being a employee within the post office, the delinquent officer was holding the post of trust. 

Merely because subsequently the worker had deposited the defrauded amount and thus there was no loss caused to the department can't be a ground to require a lenient view and/or to point out undue sympathy in favour of such an employee."

The top court allowed an appeal filed by the central government challenging a Madras tribunal order, which affirmed a call to convert punishment to a postal assistant from lay-off from service to compulsory retirement. it was alleged that the worker made a withdrawal of Rs 16.59 lakh from the accounts, however he deposited Rs 18.09 lakh, including penal interest, after the fraud was detected.

The bench said, "What about the loss caused to the department by way of goodwill, name and fame of the department and its reliability amongst the public? By such a misconduct/act on the a part of the delinquent officer, the reputation of the department had been tarnished".

The top court said the order gone along the state supreme court, likewise because the order gone by the tribunal substituting the order of punishment from removal thereto of compulsory retirement can't be sustained and therefore the same need to be quashed and put aside.