HARI SHANKER SHARMA Vs. COMMISSIONER AGRA DIVISION AGRA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Allahabad High Court dismissing the writ petition of the appellant whereby he challenged the order of termination of his service.

(2.) The appellant was appointed the Waterworks Supervisor of Town Area Committee, Sadabad, District Mathura. On June 13, 1977, the Town Area Committee was superseded and the Sub-Divisional Officer was appointed the prescribed authority. The appellant was suspended on November 13, 1977. An inquiry was made by the Tehsildar who in his report dated February 4, 1978 found that the appellant was not guilty of the charges levelled against him and that, accordingly, he should be reinstated in service with back wages. It appears from another report of the Tehsildar that the Sub-Divisional Officer directed him to prepare a chargesheet. He, however, reported that in view of the earlier report, it would not be proper to prepare the chargesheet. The Sub-Divisional Officer directed the Tehsildar to reconsider his report on certain points and to submit a fresh report by September 15, 1979. The appellant remained under suspension throughout.

(3.) On June 15, 1978, a chargesheet was served upon the appellant containing 5 charges against him. It was alleged that by encashing cheques issued to him, the appellant had withdrawn from the Bank certain amounts in the months of April to September, 1975 on account of pay and wages, but he did not make payment to the respondent No. 3. Shri Banwari Lal, Secretary, and some other employees of the Town Area Committee for the aforesaid months. In other words, the appellant was charged with embezzlement. The Tehsildar, who made an inquiry, found that the charge of embezzlement of the amount of pay of the respondent No. 3 for the aforesaid months was proved. He, however, found that the other employees had, in fact, received their wages. The Sub- Divisional Officer, who is the prescribed authority, by the impugned order dated May 5, 1981 agreed with the findings of the Inquiry Officer that the appellant had not paid the amount of the salary of the respondent No. 3 for the aforesaid months and accordingly terminated his services with immediate effect. Against the said order of the Sub-Divisional Officer, the appellant preferred an appeal to the Commissioner, Agra Division, who, however, by his order dated February 21, 1985 dismissed the appeal. The writ petition preferred by the appellant against the impugned order of termination was, as stated earlier, dismissed by. the Allahabad High Court.