SOMSATI DEVI Vs. PRESIDING OFFICER CGIT

JUDGEMENT

(1.) IN this petition, petitioner is assailing an award (Annexure-S) passed by the Central Government Industrial Tribunal on 19-04-1991. On failure of conciliation, question was referred for adjudication to the Industrial Tribunal whether the action of Management of Central Ordnance Depot, Jabalpur in compulsory retiring Shri D. M. Singh, Ex Office Superintendent, Grade II COD, jabalpur w. e. f. 12-10-1983 vide order dated 1-10-1983 and subsequently refusing his leave encashment is justified and if not what relief, workman concerned is entitled to.

(2.) THE facts in short giving rise to the petition indicates that petitioner has claimed the LTC while he was in service to undertake the journey from Jabalpur to Madurai and back. Petitioner had applied for 'advance', journey was to be undertaken in December, 1981. A sum of Rs. 5340/- was withdrawn in favour of himself and 9 family members for proceeding to Madurai and back whereas he submitted an LTC adjustment claim for Rs. 4,572/- on 21st january, 1982 for self and five family members only. Thus there was over withdrawal of LTC advance in favour of 4 family members and failed to refund the excess drawn amount immediately on completion of return journey. He withheld the amount in an unauthorized manner. The excess drawn amount of rs. l,778. 40/had ultimately to be recovered from his pay and allowances.

(3.) THE second article of charge was during the above period, he preferred fraudulent LTC claim for self and five family members amounting to rs. 4,572/- for the journey purported to have been undertaken by them to madurai and back by First Class rail accommodation during the period 15 to 25 december, 1981. In support of claim quoted first class ticket Nos. 040 to 045 dated 15th December, 1981 for the onward journey and a combined Ticket No. 115973 for the return journey from Madurai to Jabalpur. When asked to produce the first class reservation tickets, he gave a written statement dated 11-2-1982 that he got the reservation through the travelling conductor of first class both during onward and return journey, the reservation tickets were handed over to the ticket collector at Madurai and Jabalpur along with the tickets. Whereas on verification it has been revealed that though the party and purchased tickets for six adults for Rs. 4,572/- and that those tickets were cancelled through 2 different counters at Jabalpur Railway Station the same date 15-12-1981 itself and collected a net refund of Rs. 4,569/ -. The verification report received from the Railway Authorities reveal that Shri D. M. Singh had submitted a false LTC adjustment claim against LTC advance drawn by him and submitted a false statement regarding the reservation tickets with motive of defrauding public fund to the tune of Rs. 4,572/ -.