M R GHAI Vs. DISTRICT & SESSIONS JUDGE

JUDGEMENT

(1.) THE petitioner was subjected to disciplinary proceedings pursuant to an order dated 23rd August, 2002 under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 along with one Smt. Kanta Devi. The Inquiring authority found both of them guilty. Upon consideration of the Inquiry Report dated 22nd March, 2006, the Disciplinary Authority passed an order dated 7th August, 2006 affirming the findings. By the same order the Disciplinary Authority imposed the major penalty of dismissal from service against the petitioner while Smt. Kanta Devi was awarded the penalty of compulsory retirement.

(2.) THE charges against the petitioner and Smt. Kanta Devi relating to financial irregularities detected for the period when they worked as reader in the court of Shri S.K. Gautam, then Metropolitan Magistrate, Tis Hazari Courts, Delhi.

(3.) SO far as allegations against the petitioner are concerned, it was alleged that he was working with the Metropolitan Magistrate at the relevant time and was dealing with the work of traffic challans. The traffic challans would ordinarily be disposed of summarily with proceedings being recorded in the Summary Trial Registrar (STR). As is the norm in the subordinate criminal courts, whenever fine is imposed and/or realized, it is the responsibility of the official posted as Reader to maintain proper accounts in such regard. The Reader collects the fine paid, prepares the fine receipt which is issued under the signatures of the Presiding Magistrate to the person making the payment. The account of the fine imposed and realized or remaining balance is maintained in formal register called "Fine Register", the entries wherein are made by the Reader but also authenticated by the Presiding Judge at the end of each day. A fine statement is separately required to be prepared with details of the transactions of that particular day and the amount collected is deposited in the office (Nazarat Branch) along with copy of the said fine statement prepared by the Reader and signed by the Presiding Officer. This fine statement must correspond to the entries in the fine register. Pursuant to the order dated 2nd January, 1999 of the District