D. P. Wadhwa, J. - (1.) Leave granted.
(2.) Union of India is in appeal. It is aggrieved by the judgment dated December 10, 1996 passed by the Central Administrative Tribunal, Allahabad Bench (for short, the 'Tribunal') setting aside the enquiry report and the order of dismissal passed against the respondent by the Disciplinary Authority.
(3.) During the relevant period, the respondent was working as a Cashier in the office of the Controller of Defence Accounts (Pensions). Disciplinary proceedings were initiated against him on five charges which were as under: "Articles of Charges Article of Charge-I Shri B. K. Srivastava, SGA A/c. No. 8262958 while serving as Cashier in the office of the CDA (Pensions), Allahabad during the period 23-8-81 to 19-4-1984 misappropriated Rs. 63,790.36 (Rupees sixty three thousand seven hundred ninety and paise thirtysix only) from public fund account which was found short with him at the time of surprise check carried out on 19-4-1984. Thus he did not maintain absolute integrity and acted in a manner most unbecoming or a Govt. servant in violation of Rule 3(1)(i) and 3(1)(iii) of CCS (Conduct) Rules, 1964. Article of Charge-II Shri B. K. Srivastava, SGA (A/c. No. 8262958) while serving as a Cashier in the office of the CDA (Pension), Allahabad during the period from 23-8-1981 to 19-4-1984, did not obtain Demand Draft from S.B.I., Allahabad in favour of the Divisional Manager, LIC of India, Kanpur for Rs. 50,696.86 (Rupees fifty thousand six hundred ninety six and paise eighty six only), representing life insurance premium recovered from the pay and allowances of the staff under "Salary Saving Scheme" for the period from 10/1983 to 3/1984. Thus, he misappropriated a sum of Rs. 50,696.86 (Rupees fifty thousand six hundred ninety six and paise eighty six only) whereby he did not maintain absolute integrity and devotion to duty and acted in a manner of unbecoming of a govt. servant in violation of Rules 3(1)(i), 3(1)(ii) and 3(1)(iii) of CCS (Conduct) Rules, 1964. Article of Charge-III Shri B. K. Srivastava, SGA (A/c. No. 8262958) while serving as a Cashier in the office of the CDA (Pension), Allahabad during the period from 23-8-1981 to 19-4-1984, received a sum of Rs. 36,600/- (Rupees thirty six thousand six hundred only) on 16-4-1984 from the Treasurer CDA (P) CSD Canteen for depositing the same in S.B.I., Allahabad in the S.B. A/c. of unit canteen (CAS) CDA (P), Allahabad. Out of this amount he neither deposited a sum of Rs. 16,600/- (Rupees Sixteen thousand and six hundred only) in S.B.I. on account of canteen (CSD) CDA (P), Allahabad, nor returned the said amount to the Treasurer, CDA (P) CSD Canteen. Thus he misappropriated a sum of Rs. 16,600/- (Rupees Sixteen thousand and six hundred only) on account of sale proceeds of CDA (P), CSD Canteen whereby he did not maintain absolute integrity and acted in a manner most unbecoming of a Govt. servant in violation of Rule 3(1)(i) and 3(1)(iii) of CCS (Conduct) Rules, 1964. Article of Charge-IV Shri B. K. Srivastava, SGA (A/c. No. 8262958) while serving as a Cashier in the office of the CDA (Pension), Allahabad during the period from 23-8-1981 to 19-4-1984, did not handover to the Treasurer CDA (P) Thrift and Credit Co-operative Society the total amount deducted by him from the pay and allowances of the staff on the pay day or thereafter on account of co-operative dues in lump sum on month to month basis but in piece meal in arrears, whereby he misappropriated society's dues amounting to Rs. 13,789.95 (Rupees Thirteen thousand seven hundred eighty nine and paise ninety five only). Thus he did not maintain absolute integrity and devotion to duty and acted in a manner most unbecoming of a Govt. servant in violation of Rule 3(1)(i), 3(1)(ii) and 3(1)(iii) of CCS (Conduct) Rules, 1964. Article of Charge-V Shri B. K. Srivastava, SGA (A/c. No. 8262958) while serving as a Cashier in the office of the CDA (Pension), Allahabad during the period from 23-8-1981 to 19-4-1984, did not permit a sum of Rs. 2901/- (Rupees two thousand nine hundred one only) recovered from the staff of CDA (Pensions), Allahabad on account of Co-operative dues payable to the Thrift and Credit Co-operative Societies of other Controllers and misappropriated the same. Thus he did not maintain absolute integrity and acted in a manner most unbecoming of a Govt. servant in violation of Rule 3(1)(i), 3(1)(iii) of CCS (Conduct) Rules, 1964." ;