C LALHRIATPUII Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Nelson Sailo, learned senior counsel assisted by Mr. K. Roland, learned counsel appearing for the petitioner. Also heard Mrs. Linda L. Fambawl, learned Govt. Advocate appearing for the respondent Nos. 1 to 4. No one appears on behalf of the respondent No. 5 even though affidavit of service of notice by way of Dasti Service by the petitioner shows that the respondent No. 5 was served notice on 28.07.2015. In view of the service of notice upon the respondent No. 5, service is complete against the respondents and the matter is being decided ex-parte against the respondent No. 5.

(2.) The petitioner's counsel submits that the petitioner was appointed as learned counsel in the Transport Department on 17.02.2000. On 29.07.2011, a Memorandum of Charge was issued to the petitioner alleging that the petitioner, while functioning as Cashier at Central Workshop had misappropriated Rs. 8,47,100/- by inflating the Pay Bill alongwith Sh. Vanramthanga, Driver, who was made to work as a Computer Operator.

(3.) The petitioner's counsel submits that the petitioner and Sh. Vanramthanga, Driver-cum-Computer Operator had admitted the charge of inflation of Pay Bill and drawn the excess amount of Pay Bill amounting to Rs. 8,47,100/-. Office Order dated 14.12.2011 was thereafter, issued by the Director, Transport Department wherein, the petitioner and Sh. Vanramthanga were awarded penalty of withholding of increment of pay for a period of 2 (two) years without cumulative effect. It was further ordered that promotion would not be given effect to during the currency of the penalty of withholding of increment of pay. It was further ordered that the excess withdrawal of Pay Bill amounting to Rs. 8,47,100/- shall be recovered in equal shares i.e. Rs. 4,23,550/- each from their pay at the minimum rate of Rs. 3000/- each per month from the pay of January, 2012 payable in February, 2012.