SATYA NARAYAN MISHRA Vs. COMMISSIONER-CUM-SECRETARY

JUDGEMENT

(1.) The petitioner has called in question the legality and propriety of the order dated 09.12.2009 passed by the learned Orissa Administrative Tribunal, Bhubaneswar (hereinafter referred to as "the Tribunal") in O.A. No.1238 of 2002 whereby and whereunder, the learned Tribunal dismissed the application and thereby upheld the punishment of dismissal passed by the disciplinary authority.

(2.) Shorn of unnecessary details, the short fact of the case of the petitioner is that he was working as a peon in Water Resources Department. A disciplinary proceeding was initiated against him in the year 1999 on the allegation that while he was discharging his duties as a Treasury peon during November and December, 1990, he manipulated Government records and presented two bills for non-refundable advance from G.P.F. Account of one Shri C.S. Patra, Ex-Asst. Executive Engineer (Mechanical) against a single sanction order, as a result of which Rs.65000/- was encashed twice on 20.11.1990 and 01.12.1990 and he misappropriated the said amount. He was charged with the misappropriation of money and mis-conduct contrary to the Rules 3 and 4 of the Government Servants Conduct Rules, 1959. An Enquiry Officer was appointed on 5.12.2000. He submitted an application before the Enquiry Officer for supply of the copy of the forged bill by which the alleged defalcation had been committed, but the same was not supplied to him. However, the Enquiry Officer submitted a report to the disciplinary authority holding, inter alia, that the charges had been proved. On the basis of the said enquiry report, the disciplinary authority dismissed the petitioner from services. Thereafter he filed O.A. No.1238 of 2002 before the learned Tribunal and by order dated 09.12.2009, the learned Tribunal dismissed the said application.

(3.) Pursuant to issuance of notice, counter affidavit has been filed by the opposite parties. The case of the opposite parties is that the petitioner was entrusted with Treasury work after decentralization of Accounts Section. Rs.65000/- was encashed twice and the same was noticed in the year 1998. After preliminary enquiry, a regular disciplinary proceeding was initiated and concluded against the petitioner, but no disciplinary proceeding could be conducted against the DDO and Cashier as they had retired from the service. Furthermore, the office copy of the forged duplicate bill was supplied to the petitioner.