- (1.) THE petitioner is aggrieved by the order dated 22.07.2006 by which he has been dismissed from service and a sum of Rs.1,66,152.80/ - has been sought to be recovered from him and also for adjustment a sum of Rs.51,557/ -.
(2.) BRIEFLY stated the facts are that the petitioner was initially appointed as Salesman/Cashier -cum -Clerk at the Jawahar Bhawah Depot of the U.P. Government Employees Welfare Corporation on 25.04.1985 temporarily. On 04.02.1991 he was appointed as incharge. It is further stated that when he was posted at the S.P.G.I. Depot, a surprise inspection was conducted by the authorities and certain irregularities were found and thereafter vide letter dated 31.01.2004 the Regional Manager, U.P. Government Employees Welfare Corporation, Lucknow directed initiation of departmental proceedings against the petitioner for his involvement in misappropriation of a sum of Rs.90,766.50/ - and manipulation of records. By an order dated 03.02.2004, the petitioner was placed under suspension. One Sri Naresh Chandra Porwal, Assistant Director, U.P. Government Employees Welfare Corporation was appointed as Enquiry Officer. The petitioner submitted a representation dated 03.03.2004 for change of enquiry officer but the same was rejected by the Executive Director by order dated 12.03.2004. Thereafter a chargesheet was issued to the petitioner on 26.03.2004 which is stated to have been based upon an interim audit report. There were five charges levelled against the petitioner. Charge no.1 was with regard to misappropriation of a sum of Rs.12,024/ -. Charge no.2 was with regard to misappropriation of a sum of Rs.21,703/ - Charge no.3 was with regard to misappropriation of a sum of Rs.9,712.05/ - Charge no.4 was with regard to misappropriation of a sum of Rs.47,327/ - and Charge no.5 was with regard to unauthorised possession of the important documents with respect to the Collectorate Depot, Lakhimpur Kheri for the year 2000 -01.
(3.) A set of documents were given to the petitioner on 21.05.2004 (page 57 of the writ petition). Thereafter a supplementary chargesheet was also given to the petitioner on 20.05.2004. On 05.06.2004 the petitioner submitted an application requesting for supply of documents (Annexure -16 page 62 of the writ petition). The contention is that these documents were not supplied to him but nevertheless he submitted his defence reply dated 13.09.2004 (Annexure -17 to the writ petition).;