R.V. MAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition under Articles 226/ 227 of the Constitution of India, the petitioner has challenged the order of dismissal of Original Application No. 351/1992 dated 8th February 2000 passed by the Central Administrative Tribunal, Jabalpur (hereinafter referred as the Tribunal) and order dated 27.7.1990 (Annexure P/2) whereby the services of the petitioner were terminated. Another order dated 16.4.1992 (Annexure P/3) whereby the petitioner's appeal against the order of his removal from service vide Annexure A/2 was rejected is also under challenge.

(2.) Brief facts are that the petitioner was working as Sorting Assistant attached to S.R.O.R.M.S., Raipur Division during the period 1982-1983 at Durg. Between 16.1.1983 to 26.1.1983 two insured parcels were missing from the R.M.S. Office containing Payals with definite imprint of "Kailash & Co.," weighing about 900 gms. Of silver jewellery. Upon a report being lodged, criminal prosecution was launched against the petitioner alongwith one Bhagirathi and Premlal. A departmental enquiry was also initiated and thereafter he was placed under suspension. The following charges were framed against the petitioner:

(3.) The petitioner has assailed the above mentioned orders Annexures P/1, P/2 and P/3 on the following grounds: