DTC OF SOCIAL WELFARE Vs. TARA CHAND

JUDGEMENT

(1.) THE petitioner, Department of Social Welfare, Govt. of NCT of Delhi has filed the present writ petition under Article 226 of the Constitution of India to impugn the order dated 24. 05. 2001 passed by the Central Administrative tribunal, Principal Bench, New Delhi in O. A. No. 1461/2000 preferred by the respondent, Shri Tarachand. The Tribunal quashed the order of removal dated 20. 01. 1999 passed against the respondent and also the order dated 29. 02. 2000, whereby his departmental appeal was dismissed by the Lt. Governor of NCT of Delhi. The petitioner was also directed to reinstate the respondent immediately in service. It was held that the respondent would be entitled to all consequential benefits in accordance with law. Liberty was granted to the petitioner to proceed in the matter in accordance with law by keeping in view the observations made by the Tribunal. The respondent was also awarded costs of Rs. 10,000/ -.

(2.) THE respondent was appointed as LDC/cashier in the Social Welfare Department in the year 1978. On 27. 02. 1982, he was promoted to the post of UDC and transferred to the office of the Superintendant, Central Jail. The respondent was issued a charge memo under Rule 16 of the CCS CCA Rules, on the allegation that while he was working as cashier in Reception-cum-Classification Centre, kingsway Camp, Delhi, he had misappropriated a sum of Rs. 10,000/- by making overwriting in the Government cash book. The disciplinary authority, i. e. the inspector General of Prisons conducted an enquiry under Rule 16. The respondent deposited the amount of Rs. 10,000/- in two equal installments of Rs. 5,000/-each. Taking into consideration the aforesaid aspect and the enquiry report, the respondent was issued a warning vide order dated 21. 04. 1989.

(3.) SUBSEQUENTLY, the petitioner discovered that the amount misappropriated was not Rs. 10,000/- but was Rs. 18,263. 08 between the period 14. 07. 1978 to 30. 04. 1981, while the respondent was working as Cashier in Reception-cum-Classification Centre, Kingsway Camp, Delhi. The respondent deposited rs. 17,936/- after being so pointed out by the officers and the Auditing party, including the amount of Rs. 10,000/- as aforesaid.