NARDEV SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner was appointed as cashier on June 17, 1964, by the General Treasurer, Jammu and Kashmir Govt. and posted at Ramban. After being posted at different places he was lastly posted at Chenani. On September 25, 1973, the Director of Accounts and Treasuries, respondent No. 2, placed the petitioner under suspension in consideration of a criminal case registered by the Police under Sections 406 and 467 R. P. C. and pending in the Court of Judicial Magistrate, Ramban, from where it was committed to the Court of Session at Bhadarwah. Prior to the institution of the case, Treasury Officer (Tehsidar) Bhadarwah, was asked to enquire into the allegations levelled against the petitioner who submitted his report en January 23, 1973.

(2.) THE contention of the petitioner is that since the date of his suspension, up to March 3, 1980, he did not receive any show cause notice not statement of allegations etc. in respect of the charges levelled against him. The case against him is also still pending in the Court Sessions Judge, Bhadarwah. On March 3, 1980 he was served with a show cause notice calling upon him to show cause as to why he should not be discharged from the service. He submitted his reply to the said notice. He also applied for statement of allegations and article of charges which had never been served upon him. The Director of Accounts and Treasuries, respondent No. 2, then vide his Order No. PF -69/173 dated 16 -7 -1983, discharged him from service. He has prayed for quashing the said order which, according to him. it hit by Article 311 of the Constitution of India as no proper enquiry was conducted against him and he was not afforded any opportunity of being heard and the same was also violative of Rule 33 of the J&IC Civil Services (Classification, Control and Appeal) Rules, 1956 -here -inafter referred to as the 1956 Rules. He has also prayed for directing the respondents to release his subsistence allowance with held improperly.

(3.) THE Director of Accounts and Treasuries, respondent No. 2 has filed objections averring therein that while the petitioner was posted as cashier at Bhadarwah, foodgrain dealers of Bhadarwah deposited an amount of Rs. 3, 164.85 p. in the treasury for which receipts were issued by the petitioner which were later on found forged and fraudulent. The petitioner was accordingly asked to make good the loss sustained by the government exchequer. The petitioner admitted in his statement that he had committed fraud and requested for repayment of the said amount by instilments. Since, there existed no provision where under the amount embezzled could be recovered by installments, the petitioner \vas payment leaving a balance of Rs. 499.57 p. Treasury Officer, Bhadarwah was directee to conduct through inquiry into the matter who submitted report on January 23. 1978. Same was made after due inquiry in which the petitioner had every right to present his case. The petitioner had every right to present his case. The petitioner was served with show cause notice through Treasury Officer, Chenani, which was delivered to the petitioner and received by him on June 30, 1975 as was evident from the postal acknowledgment. The petitioner did not care to respond - to the charge -sheet issued during the year 1975 and remained silent up to March 3, 1980, when again said charge -sheet was served upon him. The petitioner did not submit reply. The case against the petitioner was still subjudice in the court of law.