VIRENDER Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed challenging the order dated 19th October 2020 passed by the Respondent No. 3, while hearing a revision petition, against appellate order dated 30th/31st December, 2019 dismissing the appeal challenging the final order of removal from service passed by the Disciplinary Authority vide order dated 16th July 2019.

(2.) Learned Counsel for the petitioner submits that the material witness, Ex-Assistant Commandant/DDO Shri Tapan Kumar Mukharjee (PW-1), who was a signatory to the cheque No. 356555 dated 25th January 2019, had not been examined in the departmental enquiry. According to him, nonexamination of the material witness was prejudicial to the case of the petitioner as without the deposition of the PW-1, the Enquiry officer could not have proceeded to complete the departmental enquiry.

(3.) Learned Counsel for the petitioner submits that as recovery of Rs.23000 (Twenty three thousands only) had been made from the salary of the petitioner, he could not have been removed from the service vide order dated 19th October 2020 as that would amount to double jeopardy/punishment for the same offence.