VISHNUNATH MOITRA Vs. M P E B

JUDGEMENT

(1.) BY this writ petition filed under Articles 226/227 of the Constitution of India, petitioner prays for quashing of the order dated 22-4-1995 whereby respondents have declined to accept the joining report of the petitioner. Further prayer made by the petitioner is to direct the respondents to release his G. P. F. amount.

(2.) FACTS necessary for the decision of the present writ petition are that a departmental enquiry was initiated against the petitioner for two charges. One of the charge levelled against the petitioner was that he has misappropriated an amount of Rs. 14611. 18 from the amount of revenue collection made by him on 20-2-1981. Second charge against the petitioner was that he is habitual in misappropriating the Board's revenue collection by making less deposit from the amount of revenue collection. In regard to the second charge five instances were cited. The Enquiry Officer after the departmental enquiry held the petitioner guilty of both the charges. A show cause notice was issued to him and ultimately by order dated 5-2-1982 the Disciplinary Authority passed the order of dismissal of the petitioner from service.

(3.) IT is relevant here to state that in relation to the first charge, i. e. , misappropriation of an amount of Rs. 14,611. 18 petitioner was also prosecuted in Criminal Case No. 1746/92 by the Court of Chief Judicial Magistrate, Durg. Learned Magistrate by order dated 15-2-1995 acquitted the petitioner from the charge of defalcation of the aforesaid amount. After the acquittal, petitioner filed an application on 20-4-1995 requesting the respondents to allow him to resume his duty. Petitioner by order dated 22-4-1995 (Annexure P-3) was informed that as he was already been dismissed from service by order dated 5-2-1982 he cannot be allowed to join. This order of the respondents is being impugned in the present writ petition.