N.D.ATTRI Vs. CANTONMENT BOARD

JUDGEMENT

(1.) Petitioner -N.D. Attrihas filed this writ petition under Articles 226/227 of the Constitution of India seeking the following reliefs: That the impugned Annexures PC, PF, PH, PJ and PM dated 21.9.1994, 4.11.1995, 17.11.1995, 8th May, 1997 and 16.12.1998 respectively may kindly be quashed and set aside; (ii) That the reduction of the petitioner in rank to lower time scale of Rs. 1200 -2100 as senior Clerk, vide Annexure PC, and further removal of the petitioner from service, vi Annexure -PH, may be declared void initio; (iii) That the respondents may be directed to reinstate the petitioner with all consequential benefits like areas of salary with interest @ 18% per annum and seniority/promotion etc.; (iv) That the respondents may be directed to produce the entire record pertaining to the petitioner for kind perusal of this Honble Court. (v) Any other relief deemed fit and proper in the circumstances of the case may also be granted in favour of the petitioner.

(2.) The petitioner was appointed as Daftri in the respondent -Board on 4.12.1964. He was promoted to the post of clerk and thereafter further promoted to the post of Superintendent -cum -Accountant on 1.6.1982. The petitioner had been issued a memorandum dated 31.1.1994 (Annexure: PA) by the respondent -Board vide which certain charges regarding misappropriation of the funds of the Board were levelled against him. Second memo dated 31.5.1994 (Annexure: PF) was issued to the petitioner informing him that a departmental inquiry under Rule 12(1) of Cantonment Fund Servants Rules, 1937 (hereinafter referred to as Rules, 1937) was to be held against him. Pursuant to Annexure: PA, the Inquiry Officer submitted the inquiry report to the respondent -Board. On the basis of the inquiry report, the Executive Officer of the Cantonment Board vide letter dated 13.7.1994 (Annexure PB) directed the petitioner to make representation within fifteen days against the inquiry report. The petitioner had submitted detailed reply to respondent -Board. According to the petitioner, the respondent -Board had imposed penalty of reduction in rank to a lower time scale of Rs. 1200 -2100 as senior clerk. The decision of the Board dated 9.9.1994 was conveyed to the petitioner vide office memo dated 21st September, 1994 (Annexure PC). The petitioner submitted an appeal dated 2.11.1994 (Annexure: PD) to the G.O.C. -in -chief, Head Quarter Western Command, Chandimandir -respondent No. 2 herein.

(3.) In reply to memo dated 31.5.1994 (Annexure PE), the petitioner submitted a detailed reply whereunder he had denied all the charges levelled against him. The disciplinary authority vide communication dated 4.11.1995 (Annexure: PF) directed the petitioner to submit his reply/representation to the inquiry report within six days of the receipt of the letter. The petitioner on 11.11.1995 submitted his reply (Annexure: PG). In his reply, he submitted that all the charges levelled against him pertain to the period between 1988 to 1991 and due to delayed charge -sheet he was not able to defend himself effectively qua the charges. He stated that qua most of the charges levelled against him, the shortages of meager amounts which had come to his notice were deposited by him at his own level. Regarding rest of the charges, the petitioner submitted that those charges pertain to minor arithmetical miscalculations and the amounts involved were paid. The respondent -Board vide C.B. Resolution No. 62 dated 14.11.1995 resolved to move the petitioner from the services of the Board. The order of his removal from the service was conveyed to him by the Cantonment Executive Officer, Dagshai vide letter dated 17th November, 1995 (Annexure PH).