Ashok Bhushan, J. - (1.) Heard Sri Pankaj Mittal, counsel for the petitioner Sri Prakash Padia appearing for the respondents.
(2.) By this writ petition, the petitioner has prayed for quashing the removal order dated 27th April, 1992 as also the order of appellate authority dated 7th November, 1992. A further relief has been sought directing the respondents to reinstate the petitioner forthwith.
(3.) Brief facts, necessary for disposing of the writ petition, are; the petitioner was initially appointed as Assistant in the Life Insurance Corporation of India. In January, 1990, the petitioner was entrusted with the job of cashier. The petitioner worked as Cashier in the Branch Office Amroha from 8.1.1990 to 29.5.1990. A disciplinary proceeding under Regulation 39 of the Life Insurance Corporation of India (Staff) Regulations, 1960 were initiated against the petitioner by serving a charge-sheet dated 18th March, 1991. The charge-sheet against the petitioner contained following two charges: "1. That, while working as Cashier in the Branch Office, Amroha from 8.1.1990 to 29.5.1990, you were careless in collecting and accounting of cash as shown below: (i) On 30th March, 1990 totals of both Cash Column as well as Renewal Premium Column of the Branch Premium etc. Cash Book, are shown less by Rs. 201/-. As a result, although excess in cash should have been Rs. 201/-, the same become Rs. 500/- for which M.R. No. 73039 dated 30.3.1990 has been issued. (ii) On 31.3.1990, B.O.C. No. 25:G:4435 was issued for Rs. 300 but entry in the Proposal Deposit Cash Book was made Rs. 800/-. The excess accounting of Rs. 500/- has been adjusted by showing shortage of Rs. 500/- in the totals of Cash and Renewal Premium Column of Branch Premium etc. Cash Book. 2. That by showing totals less by Rs. 2000/- in Cash Column of Branch Premium etc. Cash Book, you misappropriated an amount of Rs. 2000/- on 18.4.1990 and again another amount of Rs. 2000/- on 30.4.1990. Thus you misappropriated total amount of Rs. 4000/- which was refunded by you only on pointing out to you about the misappropriation.";