KASHI RAM AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AFTER having heard the learned counsel for the appellant and having perused the material placed on record, we are not persuaded to consider interference in the order dt. 11.07.2013 whereby, the learned Single Judge of this Court has dismissed the writ petition (CWP No. 2447/2003) filed by the petitioner -appellant seeking to question the order dt. 07.01.1999 whereby, as a consequence of the punishment awarded in the disciplinary proceedings, he was reverted from the post of Upper Divisional Clerk to the post of Lower Divisional Clerk in the Office of Krishi Upaj Mandi Samiti, Sirohi. The sum and substance of the matter remains that there had been the allegations of misfeasance and embezzlement against the petitioner -appellant in relation to the Provident Fund Accounts of the employees. Though before the learned Single Judge, the contentions as regards denial of opportunity of hearing and violation of principles of natural justice were urged but the learned Single Judge has observed that the petitioner himself had admitted his guilt and ultimately submitted the application showing his unwillingness to inspect the record. The documents placed on record, including the petitioner's application dt. 03.08.1987 (Annex. R/3/1), make out that he had rather admitted his act of embezzlement and proposed to deposit the amount embezzled.

(2.) THE learned Single Judge, in our view, has rightly observed that despite having been found guilty of such a major misconduct, the employer had been rather considerate in only reverting him to the lower post.