DOMBESWAR DUTTA Vs. ASSAM AGRICULTURAL UNIVERCITY

JUDGEMENT

(1.) The petitioner while working as Accounts Officer in the Assam Agricultural University, Jorhat, was indicated of the following charges :

(2.) That, you have deliberately and for your dishonest notice allowed the Cashier to keep hudge cash balance for months together without depositing the same into the Bank. Your are, therefore charged with misconduct for breach of trust and gross dereliction of duties resulting in considerable loss to the University.

(3.) That as a drawing and Disbursing officer you are required to verify each entry in the cash Book daily and after the cash book is closed and balanced each day, you are required to put your dated initial in the cash Book against the closing balance ; but you have deliberately and for your dishonest motive refrained yourself from signing the Cash Book daily and have not signed the Book after 6.12.91 which facilitated the misappropriation of a sum of Rs. 87,420.19 (Rupees eighty seven thousand four hundred twenty and paise nineteen only). You are, therefore, charged with subversive of discipline leading to gross misdemeanour breach of trust and gross negligence of duties." On completion of the disciplinary proceeding, the competent authority imposed the penalty of stoppage of one annual increment with cumulative effect and ordered recovery of the misappropriated amount of Rs. 87,420.19. Aggrieved thereby the petitioner has preferred this writ petition for quashing the penalty imposed along with a prayer for quashing the order of transfer.