DEVI SHANKAR TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) learned N L Srivastava Advocate who appeared in support of this petition and Sri Rajendra Prasad Misra, learned Advocate who appeared for the respondents.

(2.) This writ petition has been filed for quashing the order dated 1.9.2009 passed by respondent no. 2 (Annexure-1 to the writ petition) as well as judgment dated 9.10.2009 passed by respondent no. 6 (Annexure23 to the writ petition) and to provide all consequential benefits. For disposal of the writ petition the facts in brief will suffice.

(3.) Petitioner was appointed and posted as Store Keeper-cum-Accounts Clerk in the office of respondent no. 3 in the year 1978 and thereafter he was posted as Store Keeper-cum-Accounts Clerk at Carpet Weaving Training Centre, Gorhara, District Azamgarh. On the direction of Carpet Training Officer petitioner went to the office of respondent no. 4 and received a sum of Rs.43,842/= on account of salary of the staff, stipend of the trainees and rent for disbursement in the said training center. Petitioner claims that while he was waiting at Bus Stand for going to his training centre at Goraha, then at about 6.00, p.m. some unknown person developed intimacy with the petitioner and gave him some fruit to eat eating upon which petitioner became unconscious and it was at 3.00 a.m. on 4.12.1992 itself that he regained his consciousness and he found himself to be in the garden of village Lakhanpur, District Mirzapur and at the same time the bag containing the money etc. which was all with him was missing and he sustained a leg injury and was unable to move and ultimately family members of the petitioner were informed and they got the petitioner treated in the Primary Health Center, Gopiganj on 4.12.1992. Petitioner claims to be hospitalized in the aforesaid hospital of Gopiganj on 4.12.1992 and after taking fitness certificate from the Doctor concerned petitioner went to Police Station Chill, District Mirzapur for lodging First Information Report about incidentce of 3.12.1992, which was refused upon which petitioner sent telegram to the Superintendent of Police on 10.12.1992. In respect to the charge of embezzlement of the amount, noted above a charge sheet was issued by the disciplinary authority on 16.6.1998. Under protest, petitioner deposited an amount of Rs.43,842/= in the department. The Inquiry Officer submitted report on 14.2.2003 holding the charges against the petitioner as proved. Respondent no. 2 sent a letter to the petitioner with the inquiry report calling upon him to respond. Reply was given by the petitioner upon which respondent no. 2 passed the impugned order dated 3.11.2003 directing his compulsory retirement and for recovery of an amount of Rs. 43,482. Petitioner filed O.A. No. 1521 of 2003 before the Central Administrative Tribunal in which on 20.2.2008 a direction was given to the petitioner to file an appeal before the appellate authority as provided in Service Rules. The appeal filed by the petitioner was dismissed on 19.12.2008 upon which another O.A. was filed by the petitioner i.e. O.A. No. 15/2009 which was allowed on 22.1.2009 and disciplinary authority was directed to pass fresh orders taking the objection of the petitioner into consideration. As matter was being lingered petitioner filed a contempt petition upon which notices were issued and it is thereafter a fresh order dated 1.9.2009 was passed by respondent no. 2. The order passed by respondent no. 2 compulsorily retiring the petitioner was again challenged before the Central Administrative Tribunal by filing O.A. 1156 of 2009 and this time Tribunal dismissed the O.A. On 9.10.2009.Thus the impugned judgment of respondent t no. 6 dated 0.10.2009 (Annexure-23 to the writ petition) and impugned order passed by the respondent no. 2 dated 1.9.2009 (Annesure-1 to the writ petition) are under challenge before this court.