BHUWAN CHANDRA UPADHYAY Vs. BORDER SECURITY FORCE

JUDGEMENT

(1.) The petitioner, who was working on the post of a Lower Division Clerk (LDC) in the respondent No. 2/BSF Polytechnic, prays for issuance of a writ of certiorari, for quashing the order dated 30. 10. 2017, issued by the Chairman of the respondent No. 2/BSF Polytechnic, terminating his services on expiry of three months, i. e. , w. e. f. 3 2018, on the ground of misappropriation of the education fee deposited by the students.

(2.) The facts of the case as gathered from the records are that the petitioner was appointed as a LDC in the BSF Polytechnic on 10. 1 2008. From 30. 4. 2014 to 5. 2015, the petitioner was assigned additional duties of an Accountant and was responsible for collecting the fees from the students and depositing the same in the Bank Account of BSF Polytechnic. On noticing that there was a big difference in the education fee deposited in the BSF education fund in the first session, vis-a-vis the second half of the academic year 2014 and on noting some discrepancies and scrutinizing the cash book maintained by the petitioner, vide order dated 31. 03. 2015, the Chairman of the respondent No. 2 appointed a Board of Officers to verify/audit the Fee collected during the second half of the year 2014 i. e. July to December, 2014 and also to verify the receipts and the exact amount taken into the cash book and deposited in the Bank as well as identify the number of students left out whose fee had yet to be deposited for the above period and point out other discrepancies, if any.

(3.) The Board of Officers found a discrepancy of Rs. 4,13,976/- in the cash book maintained by the petitioner and also found that either the fee was not collected from 31 students or their entries were not made in the cash receipts/cash book. Between 01. 04. 2015 and 04. 04. 2015, the petitioner voluntarily deposited the aforesaid amount of Rs. 4,13,976/- with the respondent No. 2/BSF Polytechnic. On receiving the report of the Board of officers, respondent No. 1 passed an order dated 20. 4. 2015 appointing a Staff Court of Inquiry (SCOI) to investigate into the circumstances relating to misappropriation of the education fee deposited by the students of the respondent No. 2/BSF Polytechnic.