RAJINDER KUMAR KINDRA Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) Appellant Rajinder Kumar Kindra was inducted as a peon by M/s Raymond Woollen Mills Ltd. ('employer' for short). In 1972 he was promoted as a salesman and at the relevant time he was serving at the Raymond's retail showroom in Karol Bagh, New Delhi. One Shri R. S. Negi was the Manager-cum-Cashier of the Karol Bagh Show-room of the employer under whom the appellant was working. He was served with a charge-sheet dated December 11, 1975 which reads as under:

(2.) One Shri V. K. Soni was appointed as Enquiry Officer to enquire into the aforementioned charges. In the course of enquiry, the appellant denied the charges levelled against him. He stated that the cash used to remain with Manager-cum-Cashier Shri R. S. Negi and it is for him to explain about some cheques drawn and the statement of account submitted by him. He denied himself having issued any cheque. He denied that he was negligent in performance of his duty. The employer examined Shri O. D. Sharma, Shri G. L. Kapur, Shri V. K. Malhotra and Shri Nandan Singh as witnesses for the management. The appellant gave evidence on his behalf and he was cross-examined on behalf of the employer. He also examined one Shri A. K. Godbole as his witness.

(3.) The Enquiry Officer Shri V. K. Soni submitted his report dated June 22, 1976. In the report, he inter alia held that the appellant had been guilty of gross negligence and misconduct in the discharge of his duties and he was 'actively responsible for committing the fraud on the Company with Shri R. S. Negi to the extent of Rs. 15027.75' and all the charges as contained in the charge-sheet against the appellant were held proved. The employer accepted the report and dismissed the appellant from service with effect from August 25, 1976.