PRATAP SINGH Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) The petitioner is challenging order of dismissal from service passed on 04.11.1980 as a result of the departmental inquiry initiated against him. The relevant facts for the purpose of disposal of this writ petition may first be noted.

(2.) The petitioner was appointed as Store Keeper Grade I in the year 1966. In the year 1970 he was posted as a Store Incharge of Detachment B 363 Stores Coy. One Shri Ganga Ram Sharma was the Commanding Officer of the said store. As per the averments of the petitioner in this petition, the said Ganga Ram Sharma directed the petitioner to sign some kachha receipts of 2261 Ballies, which were stated to have been utilised at Dalapchand. The petitioner complied with those orders. However, after some time Shri Ganga Ram Sharma was transferred and one Shri N.K. Sharma came in his place as Commanding Officer of the said company. On 23.11.1970, however, a charge sheet was served upon the petitioner alleging therein that the petitioner had committed misconduct by manipulating the records with regard to the aforesaid 2261 Ballies. Shri Ganga Ram Sharma, the Commanding Officer, was also served with the charge sheet of similar nature. This action was initiated under the Army Act though the petitioner was an employee of Border Roads.

(3.) The Court of Inquiry was held and it was decided to hold common proceedings against the petitioner and Shri Ganga Ram Sharma. In the inquiry, charges were held proved against the petitioner on the basis of which order dated 27.9.1980 was passed dismissing the petitioner from service. The petitioner was discharged from service with effect from 4.11.1980. The petitioner filed statutory appeal thereagainst, which was also dismissed and thereafter the present petition was preferred.