UMA SHANKAR SHARMA Vs. STATE (GOVT. OF NCT)

JUDGEMENT

(1.) The present writ petition has been filed by the Petitioner/workman, Shri Uma Shankar Sharma, under Articles 226 and 227 of the Constitution of India assailing the Award dtd. 5/7/2002 passed by the learned Presiding Officer, Industrial Tribunal No. I, Karkardooma Courts, Delhi, in I.D. No. 293/1990 (hereinafter referred as 'the Impugned Award'), whereby the claim of the Petitioner was dismissed and the termination of his services was held to be legal and justified.

(2.) Brief facts emerging from the record, which are necessary for adjudication of the present writ petition, are that the Petitioner/workman was employed with Respondent No.2/Management, namely Delhi State Co-operative Union Ltd., as a Sales Clerk with effect from 14/7/1971. In the course of his duties at the Daryaganj Sales Counter, he was entrusted with the maintenance of cash books, stock registers and accounting of cash receipts, including collections received from the Parliament Street counter managed by one Sh. D.K. Sharma.

(3.) During the course of his employment, the Petitioner was served with a charge-sheet dtd. 12/4/1989 alleging financial irregularities and misappropriation of funds. It was alleged by the Management that during internal checking of accounts for the years 1986-87, 1987-88 and 1988-89, discrepancies were detected in the accounts maintained by the Petitioner and that certain cash receipts relating to sales, subscriptions and publications had not been duly accounted for. It was further alleged that upon verification of cash balance, amounts totalling 40,403.64 had not been accounted for by the workman and that there was also a shortage of 916.08 in the cash balance.