GOVT. OF NCT Vs. KM AGRAHARI SREO

JUDGEMENT

(1.) The first respondent, while in service, was served a charge memo for major penalty proceedings under Rule 14 of the CCS (CCA) Rules, 1965 on April 4, 2002. He was to superannuate from service on June 30, 2002.

(2.) The charge alleged against the respondent was that while working as an AEO at Headquarters of the Directorate of Employment during the year 1993-94 he had unauthorisedly taken custody of 16 files from one Mahabir Singh, LDC/Diary Clerk and with mala fide intent committed criminal breach of trust by destroying the 16 files which pertained to 25 charges (some times stated to be 35 charges) against him affecting respondent's seniority and promotion.

(3.) The Inquiry Officer submitted a report indicting the respondent. By the time the report of the Inquiry Officer was submitted the respondent had superannuated from service and needless to state that only penalty which could be levied upon him was a cut in pension and/or gratuity under Rule 9 of the CCS (Pension) Rules, 1972.