UNION OF INDIA Vs. SUNIL

JUDGEMENT

(1.) This writ appeal is filed against the order dated 01.12.2016 in W.P.No.15443 of 2014 by the respondent in the said writ petition.

(2.) We have heard Mr. K. Lakshman, learned Assistant Solicitor General for the appellants and Mr. P.S.P. Suresh Kumar, learned counsel for the respondent.

(3.) The respondent is working as Head Constable in the Ministry of CRPF, Service Record Section, G.C., CRPF, Hyderabad. He was being entrusted with the job of Assistant Cashier, whenever it was necessary. A charge memo was issued to him on 09.04.2014, framing a single charge to the effect that the respondent failed in preparation of remittance particulars to ensure proper and correct disbursement of the amount to the actual payee after issuing bank remittance particulars of each payee from records and that as a result of the same, one U. Durga Prasada Rao embezzled an amount of Rs.14,83,104/- by tampering the bank remittance particulars of 10 personnel and deposited amounts in the account of his wife Smt. U. Sarada. The respondent has submitted his explanation to Appellant No.4, who is the Disciplinary Authority, on 19.04.2014. After considering the explanation of the respondent, Appellant No.4 has issued office order dated 08.05.2014 proposing to hold a departmental enquiry and appointed Appellant No.5, as Enquiry Officer, to enquire into the charge framed against the respondent. Feeling aggrieved by the same, the respondent filed WP No.15443 of 2014 seeking to quash the charge memo dated 09.04.2014 and the office order dated 08.05.2014 appointing Appellant No.5 as Enquiry Officer. The writ petition was allowed by the learned single Judge.