SHIV NARAYAN SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard finally. This petition under Article 226 of the Constitution of India has been filed against the order dated 3-12-2007 passed by the Disciplinary Authority and order dated 12-2-2009 passed by the Appellate Authority, by which it has been directed that 30% of the total loss sustained by the State shall be recovered from the petitioner.

(2.) The necessary facts for disposal of the present petition in short are that the petitioner is working in the Forest Department on the post of Forest Guard. The petitioner was also directed to work as Depot Asstt. On physical verification, it was found that the fuel wood weighing 5910.61 quintal was less, therefore, a charge sheet was issued to the petitioner that he has misappropriated the fuel wood and thus, embezzled the fuel wood worth Rs.6,30,346/-. The petitioner submitted his reply to the charge sheet.

(3.) The Departmental enquiry was conducted and the Enquiry Officer, submitted his report with a finding that there is no evidence to show that the petitioner has embezzled the fuel wood, and there is no evidence, as to how the quantity of the fuel wood has reduced because no incident of theft was ever reported. However, it was held that the charge levelled against the petitioner was found to be proved. It appears that the petitioner had also alleged that the family members of one Shukla were committing theft, and the wood was also being sent to the families of the senior officers, however, the said defence was not accepted by the Enquiry Officer.