SARAL SRIVASTAVA, J. - (1.) Heard Sri P.N. Saxena, learned Senior Counsel assisted by Sri H.P. Pandey, learned counsel for the appellant and Sri Ram Gopal Tripathi, learned counsel for the P.C.F.
(2.) The present appeal questions the correctness of the judgment and order dated 11.12.2007 passed by the learned Single Judge in Writ Petition No.31561 of 2000, whereby the learned Single Judge has dismissed the petition of the appellant for quashing the order of punishment of dismissal from service and a recovery of Rs.85,852/- from the appellant.
(3.) The case of the appellant in the writ petition is that he was posted as Sahyogi/Chaukidar alongwith one Surya Bhan Singh in the Sugar Godown of P.C.F. at Dandi, District Allahabad. A theft of 361 bags of sugar had taken place in the aforesaid Godown at 1:00 A.M. on the night of 22/23.04.1993. Surya Bhan Singh informed about the aforesaid theft to the Regional Manager of P.C.F. Dandi, District Allahabad at about 6:00 A.M. on 23.04.1993. Thereafter, an F.I.R. was lodged regarding the aforesaid theft on 23.04.1993 by Panch Ram Yadav, Godown Keeper. In the F.I.R., it was alleged that the appellant besides other accused was involved in the theft.;