Court No. - 7
Case :- WRIT - A No. - 19206 of 2000 Petitioner :- Lalooram Respondent :- District Magistrate Allahabad And Another Counsel for Petitioner :- Sharad Kumar Srivastava,Manoj Kumar Dhrubvanshi Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Manoj Kumar Dhrubvanshi, learned counsel for the petitioner and Sri S.P. Singh, learned Standing Counsel for the State- respondents.
The petitioner was dismissed from service by the impugned order dated 23.3.2000 passed by the Sub Divisional Magistrate, Bara, district Allahabad. By chargesheet dated 6.1.1999, four charges were levelled against the petitioner. The charge no.1 was that the petitioner had recovered certain amount as mentioned in the chargesheet, from 16 persons, but he had not deposited it in the bank and thus misused/embezzled the government money. Complete details of the amount collected along with receipt numbers were given in the chargesheet. Charge no.2 is with regard to late deposit of the amount collected by the petitioner. Charge no.3 relates to insufficient recovery, which was found to be 16.4%. Charge No.4 is with regard to the habit of the petitioner to do illegal acts.
In paragraph-2 of the Supplementary Affidavit dated 14.11.2013, the petitioner has stated that he had already deposited the amount recovered from the persons, as mentioned in charge no.1 of the chargesheet dated 6.1.1999. In this paragraph, the petitioner has mentioned certain details of deposits made by him after the chargesheet was issued.
As per his own showing, the entire deposits have been made much after the chargesheet was issued. Thus, the petitioner has admitted his guilt by depositing the recovered amount after the chargesheet was issued. The charge of embezzlement is proved on record.
Under the circumstances, I do not find any good reason to interfere with the impugned order. The petitioner has completely failed to make out a case to invoke the extraordinary, equitable and discretionary jurisdiction under Article 226 of the Constitution of India.
In view of the aforesaid, the writ petition is dismissed.
Order Date :- 30.5.2018 Ak/