OM PRAKASH CHAUHAN Vs. JOINT DIRECTOR OF HIGHER EDUCATION
LAWS(UTN)-2012-10-47
HIGH COURT OF UTTARAKHAND
Decided on October 03,2012

OM PRAKASH CHAUHAN Appellant
VERSUS
JOINT DIRECTOR OF HIGHER EDUCATION Respondents

JUDGEMENT

- (1.) Heard Shri Alok Mahra, the learned counsel holding the brief of Shri Manoj Tiwari, the learned Senior Counsel for the petitioner and Shri Rajendra Dobhal, the learned senior counsel for the respondent Nos. 2 and 3.
(2.) The petitioner was working as a Clerk in the Accounts Deptt. and was Incharge of receiving the fees from the students. In an audit inquiry, the Auditor submitted a report to the Principal indicating that a sum of Rs.44,509/- has not been entered in the cash book though receipt had been issued by the petitioner. Based on this audit report, the petitioner was suspended and, thereafter, a chargesheet dated 8th September, 1999 was issued indicating that the petitioner has embezzled the amount. The petitioner filed his reply and denied the charges and, thereafter disciplinary proceedings were conducted and the Inquiry Officer submitted the report dated 3rd
(3.) November, 1999. The recommendation of the Enquiry Officer was accepted by disciplinary authority and recommended dismissal of the petitioner which was forwarded by the disciplinary authority to the Regional Joint Director for approval. The Regional Joint Director by its order 20th December, 1999 approved the recommendation of the disciplinary authority. Based on the approval, the order of dismissal was passed. The petitioner, being aggrieved by the said order, filed an appeal which was also rejected by an order dated 9th June, 2000. The petitioner, accordingly, has filed the present writ petition.;


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