BABAJI SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioner -Babaji Sahoo filed this application challenging the Order Dated 11.10.1991 passed by the Orissa Administrative Tribunal in Transferred Application No. 374 of 1988 rejecting his challenge to the Order Dated 22.1.1983 passed by the disciplinary authority dismissing the Petitioner from Government service on the ground of misappropriation of Government money to the tune of Rs. 15,041.60, as well as, the order of the Appellate authority confirming the order of punishment. & the order of the Appellate authority rejecting the Petitioner's appeal. During the pendency of the Writ Petition, the Petitioner Babaji Sahoo having died on 10.10.2006, in his place, his wife & son have been substituted.

(2.) THE State Administrative Tribunal, came to hold that the Petitioner had encashed a Government cheque for more than Rs. 15,000 & loss of the said money is admitted by the Petitioner -Babaji Sahoo, the Tribunal fixed such responsibility for such loss on the Petitioner & therefore, dismissed the same. The Petitioner had claimed before the tribunal that after encashing the cheque a collecting money from the bank, he had left his bag at a nearby betel shop owned by his cousin brother from where the said bag was picked up by a child, who ran away with the same & could not be apprehended despite of the best efforts of the Petitioner & by others. The tribunal also came to a finding that the Enquiry Officer disbelieved the stand taken by the Petitioner & came to hold that the Petitioner had left the cash with an unauthorized person, which itself amounts to gross negligence of duty, thereby leading to misappropriation of Government money. Accordingly, it was held that the Petitioner could not justify the stand taken by him.

(3.) LEARNED Counsel for the Petitioner, inter alia, raised the following contentions: