- (1.) Nankai Lal son of Surajdeen has approached this Court with request to quash the order dated 25.8.2008 passed by the Deputy District Magistrate, Manjhanpur , Kaushambi dispensing with the services of the petitioner as well as order dated 31.8.2009 passed by the District Magistrate, Kaushambi affirming the said order in appeal.
(2.) Brief background of the case is that petitioner was appointed as a Collection Amin on 19.2.1978 and has been functioning in Tehsil Manjhanpur presently in District Kaushambi. On 15.4.2008 an order was passed by the Deputy District Magistrate, Manjhanpur, Kaushambi levelling various allegations against the petitioner and placing the petitioner under suspension in contemplation of departmental proceedings against him. The aforesaid order of suspension was followed by a departmental charge sheet dated 28.42008/5.5.2008 issued by Deputy District Magistrate, Manjhanpur, Kaushambi. Naiab Tehsildar, Atharban was appointed as the enquiry officer for conducting enquiry and submitting report. The charge sheet dated 28.4.2008/5.5.2008 following under noted allegations against the petitioner. (i) The petitioner had realized an amount of Rs. 5500 from one Chandan Lal, on 21.6.2004 but deposited the said amount in Kshetriya Gramin Bank only on 29.8.2006 which amounted to temporary embezzlement on the part of the petitioner. (ii) The petitioner realized an amount of Rs. 1100 each from Subhash Kumar on 2 occasions against receipts dated 14.3.2004 and 29.7.2004 but made a deposit of Rs. 1000 alone on 25.2.2008 which amounted to temporary embezzlement. (iii) The petitioner had realized an amount of Rs. 2200 from one Smt. Chandra Devi against a receipt dated 13.7.2004 but the said amount had not been deposited in the concerned account of Kshetriya Gramin Bank, which amounted to embezzlement. (iv) The petitioner realised an amount of Rs. 2200 from one Banwari Lal on 14.7.2004 but did not deposited the said amount in the concerned account of Kshetriya Gramin Bank which amounted to embezzlement on the part of the petitioner. (V) The petitioner had recovered an amount of Rs. 5,29,574 during the period 1.4.2007 to 31.3.2008 which was less than the specified norms of Rs. 10.00 lakhs.
(3.) In response to aforesaid charge sheet the petitioner submitted his reply dated 27.5.2008 filed as Annexure-3 to the petition.;