RAJIV ANHAL Vs. MCD AND ORS.

JUDGEMENT

(1.) PENALTY of removal from service has been inflicted upon petitioner, who was working as Cashier in Division -XII in Engineering Department of respondent No. 1 - MCD from 9th December, 1985 upto 10th September, 1986. Impugned Award of 3rd January, 2002 (Annexure P -18) answers reference against petitioner. The reference made under the Industrial Disputes Act, 1947 was as under: -

(2.) THERE were seven Charges in respect of which departmental proceedings were conducted. The first Charge was of petitioner misappropriating a sum of Rs.4,193.45 while he was working as Cashier in the aforesaid Division. Along with petitioner, the Divisional Accountant had also faced the departmental proceedings and the Charge against him was that he did not properly check the cash receipt books, treasury challans, cash book etc. maintained by the Cashier and had thus, performed his duty in negligent manner.

(3.) IN the Inquiry Report (Annexure P -6), deposition of five witnesses of respondent -MCD is spelt out and the stand taken by petitioner in the Inquiry proceedings is also noted in detail. The solitary issue framed by the trial court, as noted in the impugned Award, is as under: -