NILESH R MANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the action of the respondents in removing the petitioner from service.

(2.) The petitioner served as a Booking Clerk for issuing daily tickets with respondent no.1. A departmental enquiry came to be held against the petitioner with respect to certain manipulations in the records and overcharging a decoy passenger by Rs.25/whilst he served as a Booking Clerk and issued the ticket to the passenger. The Inquiry Officer recommended the punishment of removal from service upon one of the two charges being proved against the petitioner. That was the charge in respect of the overcharging of the decoy passenger by Rs.25/.

(3.) The facts of the case reveal that the decoy passenger, who accompanied a Constable and had lodged a complaint against the petitioner, was to be given ticket from Khadavli to Pune. Two and half tickets cost Rs.115/. The decoy passenger handed over Rs.200/to the petitioner. Instead of returning change of Rs.85/, the petitioner returned the change of Rs.60/and consequently, charged the passenger to the extent of Rs.25/.