NITYA GOPAL SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this petition, the petitioner has challenged the order No. F.12(3)-PWD(E-II)/2002 dated 20.12.2006, Annexure-L to the writ petition. The petitioner has been dismissed from the service w.e.f. 20.12.2006 by the said order based on the finding that the petitioner has committed serious misconduct, unbecoming of a Government servant and his retention in the public service is undesirable.

(2.) The petitioner while working as the Cashier, even though holding the substantive post of Lower Division Clerk was slammed with the memorandum of charge under No. F.12(3)-PWD(E-II)/2002 dated 13.09.2004. The following articles of charge were brought against him:

(3.) It is apparent from the statements of imputation and misbehavior that the petitioner had voluntarily refunded the entire misappropriated money amounting to Rs. 5,01,299/- (Rupees Five Lakhs One thousand Two hundred Ninety Nine) by two instalments vide the challan No. R-18 dated 05.02.2002 and Chalan R-1 dated 04.07.2002