(1.) Heard the learned counsel for the appellant.
(2.) The petitioner-appellant is facing a regular disciplinary enquiry wherein the Deputy Commandant, 41 Bn. P.A.C., Ghaziabad, Smt. Aabha Singh has been appointed as an Enquiry Officer. A perusal of the charge-sheet, a copy of which has been filed as Annexure-4 to the writ petition, indicates that the petitioner stands charged for having received house rent allowance for residing in a rented accommodation disclosed to be House No. 211C. Tulsi Niketan, police station Sahibabad, district Ghaziabad, where he never resided.
(3.) It may be noticed that during the preliminary enquiry, it was found that the petitioner-appellant had received an amount of Rs. 47,130 as house rent allowance during the period from April, 1997 to July, 2002 on the ground that he was residing in the aforesaid house which had been taken on rent by him for residential purposes but in fact, the aforesaid house had never been let out to the petitioner. The charge levelled against the petitioner-appellant is that he misled and mis-represented the higher authorities and under a conspiracy, he got the house rent allowance sanctioned to him for which he was never entitled. His action/omission was most unbecoming of a Government servant and also amounted to gross indiscipline and negligence.