D.M. AND ANR. Vs. SEWA RAM

JUDGEMENT

(1.) This is State's special appeal challenging the validity and correctness of judgment and order dated 6.01.2003 passed in Writ Petition No. 18387 of 2000 Sewa Ram v/s. District Magistrate, Etawah and Anr.

(2.) The Respondent was working as Collection Amin and his services have been terminated after holding inquiry. The order of termination was challenged by the employee in aforesaid Writ Petition No. 18387 of 2000. By the impugned order and judgment dated 6.1.2003 the writ petition was allowed quashing the orders dated 26.7.1999 passed by the Sub Divisional Magistrate, Chakar Nagar Etawah and the appellate order dated 6.3.2000 passed by the District Magistrate Etawah and granting all consequential benefits of service to the Petitioner therein. Five charges were levelled against him. The judgment has been assailed on the ground that while deciding the writ petition His Lordship has not considered the legal and factual aspect of the matter.

(3.) The first charge against the Respondent was that his recovery as Collection Amin was below the norms fixed by the Board of Revenue, U.P. The second charge was that the recovery made by the Respondent of Rs. 21,400/ -was not deposited in the bank on 11.1.1999 and he has temporarily embezzled the amount. The third charge against the Respondent is that though he had received bonus amount of Rs. 2285/ -, which was to be deposited by him in his provident fund account and in case he had not opened the provident fund account, he was to purchase National Saving Certificates of the half of the bonus amount, which he had also not done. The fourth charge against him was that in spite of application made by him he was not ready to open provident fund account. The last and fifth charge was that he and one Om Prakash Tomar were transferred on the basis of mutual transfer order. Sri Om Prakash Tomar did not give his joining at Tehsil Chakar Nagar yet concealing this fact a complaint was made by the respondent employee on 15.1.1998 to the District Magistrate, Etawah that Ram Krishna Uttam, Sub Divisional Magistrate, Chakar Nagar was demanding Rs. 1000/ - for relieving him.