M C AGGRAWAL Vs. INDIAN INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) PLAINTIFF M.C.Aggarwal joined as a L.D.C. with the Indian Institute of Technology (defendant corporation) on 30.12.1960. He was promoted as a U.D.C. on 6.9.1963. He was thereafter promoted as Cashier and confirmed to the said post with effect from 12.10.1977. In August, 1980 two payments of Rs.3470.90 and Rs.3935.65 were purported to have been made against two vouchers i.e W.15 and W-25; the said two payment vouchers were found missing; on an anonymous complaint preliminary enquiry was conducted against the plaintiff. He was prima facie found guilty. Charge-sheet was issued to the plaintiff on 25.10.1980 qua the misappropriation of the aforesaid funds. The said funds had purportedly been disbursed for medical claim for purchase of certain medicines from the market although the said medicines were available in the IIT hospital. Enquiry was conducted against the plaintiff; he was held guilty by order dated 12.3.1982. The following penalties were imposed: (i) reduction in rank, (ii) bar to promotion for the next seven years and (iii) recovery of the lost amount was imposed upon the plaintiff. The order of the Disciplinary Authority was reaffirmed in appeal.

(2.) PLAINTIFF has filed the present suit seeking a declaration that the order of the Disciplinary Authority dated 12.3.1982 as also of the Appellate body dated 10.11.1982 be declared null and void.

(3.) ON the basis of oral and documentary evidence adduced before the court, suit of the plaintiff was decreed.