STATE OF CHHATTISGARH Vs. ABBU HUSSAIN

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 19. 04. 2018 passed in Writ Petition (S) No. 3175 of 2018 whereby the learned Single Judge has allowed the writ petition and set aside the order dated 22. 03. 2018 (Annexure P/1) whereby a sum of Rs. 32,451/- was directed to be recovered as well penalty of withholding two increments with non- cumulative effect was imposed.

(2.) Submission of the learned counsel for the Appellant/State is that the private Respondent No. 1/Petitioner was working as Assistant Grade III at Industrial Training Institute, Takhatpur and during that period, some misappropriation of fund was detected in the accounts of the institution which was amounting to Rs. 1,91,900/-. He submits that the notices were issued to the Respondent No. 1/Petitioner in which he admitted his liability to the extent of Rs. 32,451/-. His further submission is that an enquiry was also conducted by the Enquiry Officer on account of misappropriation of the amount and after the enquiry, the Enquiry Officer has found one R. A. Ansari and the Respondent No. 1/ Petitioner to be liable for the misappropriation of the amount. The Enquiry Officer has relied upon the note sheet dated 04. 05. 2017 wherein admission made by the Respondent No. 1/Petitioner was recorded and on that basis, order Annexure P/1 was passed. He submits that this fact was overlooked by the learned Single Judge and erroneously passed the order under challenge.

(3.) There is no representation on behalf of Respondent No. 1/Petitioner. Shri Majumdar appears on behalf of Respondent No. 2 and submits that he is a formal party in this appeal.