DEENA NATH TIWARI Vs. HARI SINGH GOUR VISHWAVIDYALAYA

JUDGEMENT

(1.) THIS is a writ petition under Articles 226 and 227 of the Constitution of India for quashing the orders by which the petitioner has been punished after departmental enquiry and for a direction to the respondent to pay his full salary for the period of suspension.

(2.) THE petitioner was Store-keeper Grade I in Dr. Hari Singh Gaur University, Sagar. He was served with a charge-sheet on 18-11-1988. The charge was that he forged a cash memo and entered it in the stock register for payment. The original amount of the cash memo was Rs. 30/and the alternations were done to the extent that the amount of Rs. 250/- became payable under it. The enquiry report is dated 20-3-1989. This report shows that it was not proved that the petitioner forged the cash memo but it was held that he entered this forged cash memo in the stock register and passed it for payment of Rs. 250/ -. This cash memo, a photo-copy of which is annexed to the charge-sheet (Annexure P-1) appears on the fact of it as forged. The Registrar of the University as disciplinary authority accepted the enquiry report and imposed the penalty of reversion of the petitioner from the post of Storekeeper Grade I to Grade II by the impugned order dated 19-5-1989 (Annexure P-2 ). He was also denied his pay for the suspension period beyond the subsistence allowance. The Vice Chancellor on appeal by order dated 31-10-1989 reduced the penalty of reversion to stoppage of increment for two years with cumulative effect.

(3.) THE petitioner's case is that he did not commit any forgery and simply entry of that cash memo in the stock register does not show that he is guilty of any misconduct. According to him the punishment is excessive. The return has not been filed by the University.