C.P. SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition under Articles 226 and 227 of the Constitution of India for quashing the order dated 26th June 1997 (Annexure P/4) passed by the Central Administrative Tribunal (for short the Tribunal) in Original Application No. 730/1994, the sole question of law that arises for determination is whether in view of the acquittal of the Petitioner in Criminal Case No. 208/1992 under Section 409 I.P.C. for committing criminal breach of trust relating to Rs. 50.000.00 kept in the cash box of the Petitioner for disbursement to a depositor, the order of removal of the Petitioner from service on proof of charge of failure to maintain absolute integrity and devotion to duty, as required under Rule 3(1)(i) and 3(1)(ii) of the Central Civil Services (Conduct) Rules, 1964 (hereinafter referred to as the Rules of 1964) read with Rule 103 of Posts and Telegraphs F.H.B. Vol. I is contrary to law, and therefore, liable to be set aside.

(2.) The factual matrix not under dispute is that:

(3.) Before the Tribunal it was contended by the Petitioner that since the criminal court had exonerated him of the charge of misappropriation, the Disciplinary/Appellate Order could not be sustained. It was also urged that theft of cash was reported by the Petitioner himself immediately after the occurrence which proved his bona fides.