Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 563 of 2019 Appellant :- Raj Kumar Srivastava Respondent :- District Magistrate / Collector And 4 Others Counsel for Appellant :- Shambhu Mani Tripathi,Kamini Pandey (Dubey) Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
The delay of 46 days in filing the appeal is sufficiently explained and is accordingly condoned.
Delay condonation application no. 4 of 2019 is allowed.
Heard Ms. Kamini Pandey (Dubey) learned counsel for the appellant.
The writ petition of the petitioner has been dismissed by the impugned order dated 13.3.2019.
The petitioner was found involved in embezzlement of government funds. After conducting an inquiry by an order dated 10.2.2013 an order of recovery of 50% of the amount in 14 installments was passed against him and the petitioner was directed to be reinstated without any salary for the period of suspension.
The writ Court has dismissed the writ petition observing that no irregularity or error in the decision making process has been pointed out by learned counsel for the petitioner. We also do not find any illegality in the impugned order.
The submission that the petitioner has been punished twice is misconceived. Only for the reason that 50% of the loss has been sought to be recovered and the petitioner has been reinstated without any wages does not mean that two separate punishments have been inflicted upon him amounting to double jeopardy.
In view of the aforesaid facts and circumstances, we find no merit in this petition and the same is dismissed.
Order Date :- 31.5.2019 SKS