S.C.Verma, Dev Kant Trivedi, JJ. - (1.) The present petitioner under Article 226 of the Constitution is directed against the order to the Tribunal dated 29.1.1982 passed in claim petition No. 806 (F) 111/78 dismissing the claim petition against the order dated 28.11.1977 passed by the Director of Agriculture, dismissing the petitioner from service and recovery of Rs. 2366.14.
(2.) In short the facts of the case are that the petitioner was appointed as Seed Store Incharge, Jamalpur, District Mirzapur and was transferred on 18.5.1972 to Tisuhi Seed Store, Mirzapur. After the petitioner failed in his attempt to get the order of transfer, cancelled the handed over the charge of the Stores to his successor Sri S.B. Singh, from 4th July, 1972 to 16.7.1972.The petitioner took charge of Seed Store at Tisuhi on 27th July, 1972 from Sri Prem Chandra Srivastava. The petitioner went on leave from 4th August, 1972 to 31st October, 1972. The petitioner could not hand over full charge of the Seed Store at Jamalpur and during his absence the Additional District Agriculture Officer, Mirzapur reported a loss of Rs. 33.631.12 at Jamalpur Seed Store. The petitioner has alleged that he has handed over charge of the Seed Store at Jamalpur on 27.11.1972, 4.12.1972 and 25.12.1972.
(3.) The petitioner was served charge sheet dated 28.9.1972 on 23.1.1973. The petitioner submitted his reply to the said charge sheet on 18.2.1973. The petitioner was served with another supplementary charge sheet dated 23.12.1974 which was received by the petitioner on 1.3.1975. The petitioner submitted reply on 30.9.1975. The District Agriculture Officer after conducting the enquiry submitted the enquiry report on 18.10.1972 to the Director on Agriculture in respect of charge sheet dated 28.9.1972 and 23.12.1974. The punishment of adverse entry and stoppage of one increment for one year and for recovery of 2366.14 was proposed.;