- (1.) This appeal is directed against judgment and order dated 27.8.2009, passed by the High Court of Judicature at Allahabad, in Special Appeal No. 1167 of 1999, whereby said Court has partly allowed the appeal, and substituted the punishment of removal awarded to the appellant, by compulsory retirement from service.
(2.) We have heard learned counsel for the parties and perused the papers on record.
(3.) Briefly stated, the facts are that the appellant was a cashier with Life Insurance Corporation of India (hereinafter referred to as "LIC") and posted at Bilaspur, District Rampur in U.P. A policy holder, Bhograj Singh, deposited with the appellant an amount of Rs.533/- towards half yearly insurance premium on 13.8.1990 but the same was not deposited with LIC nor credited in the account of the policy holder till 27.11.1990, though a receipt was issued on 13.8.1990 by the appellant. It appears that when the LIC agent did not get his commission out of the premium deposited, and made enquiries in this regard, aforesaid amount of Rs.533/- was shown deposited by the appellant with late fee of Rs.15.90/-, and entry was made in the cash register on 28.11.1990. Also, a forged entry was made in ledger sheet on back date. In connection with the above misconduct on the part of the appellant, a charge-sheet was served on him on 29.4.1991 on two counts, namely, temporary embezzlement of Rs.533/- for the period 13.8.1990 to 27.11.1990, and forging entry of Rs.533/- in the carbon copy of the ledger sheet dated 13.8.1990 between entry Nos. 12 and 13. On conclusion of the departmental enquiry, the appellant was found guilty, and served with copy of enquiry report, whereafter he was removed from service vide order dated 21.1.1992. The departmental appeal appears to have been dismissed by the authority concerned on 22.2.1992.;