(1.) WE propose to dispose of this application for condonation of delay along with the writ appeal itself.
(2.) THIS writ appeal is directed against the judgment dated 11.07.2014 passed by a learned Single Judge of this Court in WP(C) No.364 of 2008 whereby the learned Single Judge set aside the order dated 13.06.2008 passed by the disciplinary authority as well as the order dated 30.07.2008 passed by the appellate authority and the petitioner was exonerated of the charges leveled against him vide charge Memo. dated 14.11.2002.
(3.) BRIEFLY stated the charges against the petitioner was that he while working as Storekeeper in -charge of the Kumarghat Food Go -down had mis -conducted himself and had not performed his duties properly, had shown lack of integrity and devotion to duty by not maintaining books of accounts and other records and had with evil intention to derive personal benefit misappropriated 26,182.50 Kgs. of rice, the monetary value of which was Rs. 3,20,647.93/ -. We are not going into other aspects of this matter in this case but we would like to point out that the learned Single Judge while passing the impugned order has placed strong reliance on the statement of PW3 who at the relevant time was posted as Deputy Collector, Kumarghat, Kailashahar. It is not disputed that the original writ petitioner was junior to PW3. The cross -examination of PW3 reads as follows: -