- (1.) Heard Mr. Dwijendra Mishra, learned counsel for the petitioner as well as Mr. Mahendra Kumar Misra, learned counsel for the respondents.
(2.) The petitioner has assailed order of punishment dated 25.06.2002 issued by the Director, Postal Services, Headquarter, whereby he was removed from service as also the order dated 24.12.2009 passed by the Central Administrative Tribunal, Lucknow Bench, Lukcnow1 in Original Application No.428/2002, whereby the Tribunal upheld the punishment order.
(3.) While the petitioner was posted as an Extra Departmental Post Master of Branch Post Office, Haiderganj, he was served a charge-sheet dated 03.06.1999. The charge against the petitioner was that he had received money order no.3746 for Rs.5000/- and 3747 for Rs.4000/- on 01.03.1999 but instead of delivering it to the addressee, he, under forged signature of payee i.e. Dr. Rais Ahmad, received Rs.9000/- the total amount of two money order on 05.03.1999 and thus he misappropriate the amount. Dr. Rais Ahmad made a complaint to the Senior Superintendent of Police upon which a preliminary inquiry was conducted. During the course of preliminary inquiry, statement of Dr. Rais Ahmad was recorded to verify his signature made over the payment vouchers. By that time, the petitioner had approached Dr. Rais Ahmad and tendered payment of Rs.9,000/- to pacify him. Since his term of misconduct and preliminary inquiry, a disciplinary proceeding was initiated against the petitioner by issuing a charge-sheet dated 03.06.1999 in which the charges were found proved. Therefore, the petitioner had filed an appeal against the order of punishment, which too was rejected.;