STATE OF M P Vs. R K RAI

JUDGEMENT

(1.) THE respondent-R. K. Rai was appointed as Additional Treasury Accountant in District Treasury, Jabalpur, by order dated 13-4-1973. While he worked in the Stamps Section from 19-4-1973 to 11-7-1973, misappropriation of Rs. 80,961. 50 paise was detected. Consequently, he was charged for the lapse followed by appointment of the Enquiry Officer. Ultimately, the Disciplinary Authority, by order dated 24-7-1986, ordered reversion of the respondent to the post of Assistant with immediate effect for two years, the respondent having been found guilty of the lapse along with the Treasury Officer for loss of Rs. 80,961. 50 paise.

(2.) THE respondent challenged the order of the Disciplinary Authority before the Appellate Authority, which did not pass any order though the Disciplinary Authority - Director of Treasury and Accounts, modified the order of reversion dated 24-7-1986, inflicting punishment of withholding of four annual increments with cumulative effect from 24-7-1986, vide order dated 19-6-1988. Accordingly, pay of the respondent was fixed.

(3.) DURING pendency of the appeal of the respondent, appeal of Shri P. S. Deo, Treasury Officer, was decided and he was absolved of the charge against him, punishment set aside. The respondent raised many-fold objections against the action of the petitioner including discrimination vis-a-vis Shri P. S. Deo, Treasury Officer, and Members of holding the enquiry. The petitioners opposed the same and stated that the enquiry was in accordance with law. However, the State Administrative Tribunal allowed the application by the impugned order dated 16-10-1998. Placing reliance on the Apex Court's decision in Union of India and Ors. v. Mohd. Ramjan Khan (AIR 1991 SC 471) and the Rule 17 of the M. P. Civil Services (CC and A) Rules, 1966, the Tribunal quashed the punishment imposed on the respondent. The petitioners have been directed to refund the deductions made due to withholding of increments from the respondent for the period 17-4-1987 to 17-4-1990, pursuant to the order of punishment. The petitioners have further been directed to open the sealed cover and consider the promotion of the respondent within three months from the date of communication of the order.