Sudhir Agarwal, J. - (1.) Sri K.K. Dubey, learned counsel for petitioner and learned Standing Counsel for State of U.P. and its authorities. None appeared on behalf of respondents-3 to 4. I, therefore, heard above counsels appearing in the matter and proceed to decide it ex-parte against respondents-3 and 4.
(2.) This writ petition under Article 226 of Constitution of India has been filed by sole petitioner, Ram Sumarni Verma challenging order dated 02.07.2001 (Annexure-9 to the writ petition) whereby punishment of "severe warning" was administered to petitioner and he was required to deposit Rs. 590/-; order dated 21.05.2002 (date is wrongly mentioned since correct date is 04.05.2002 which is order passed on petitioner's application/appeal and part of Annexure-13 to the writ petition) rejecting his appeal and order dated 18.06.2003 passed by Commissioner, Jhansi Division, Jhansi rejecting petitioner's representation against aforesaid two orders.
(3.) Fact in brief, giving rise to the present writ petition are, that petitioner was working as "Nabikar and Rajaswa Moharrir" in Nagar Palika Parishad, Barua Sagar, Jhansi (hereinafter referred to as "NPP"). Vide order dated 20.05.1996 passed by Executive Officer, NPP, petitioner was placed under suspension and, thereafter, a charge-sheet dated 17.08.1996 (Annexure-2 to the writ petition) was issued containing five charges as under:- "Charge No. 1: You were appointed on the post of Nayab Kar Rajasva Moharrir in this Nagar Palika Parishad, and the Executive Officer, Nagar Palika Parishad, Barua Sagar is your appointing officer. While working under the Executive Officer, you on 29.02.1996 behaved with him in an undignified manner and used foul language, thereby violating the employees code of conduct.Charge No. 2: At the time of sudden surprise of the office made by Shri Usha Rani Kushwaha, Chairperson of Nagar Palika Parishad, Karua Sagar on 10.05.1996, you were recorded on the attendance register to be absent. An explanation was sought by the chairperson regarding your absence. You have in your explanation used such a language for the highest authority of the Palika as to adversely affect her prestige and reputation. You have by using insulting language towards the highest authority of the Palika and reputed public representative violated the employees code of conduct for the second time.Charge No. 3: You were on 25.11.1994 directed by the Palika to discharge clerical duties for Nagar Palika Public School, Barua Sagar. You have while performing your clerical duties at Public School Barua Sagar from 25.11.1994 to 04.04.1996 misused your office and committed the following irregularities:1. In the academic session 1994-95 of the school, total 131 students from nursery to class V were studying in the school. As per the school records, the annual examination fee was fixed to be Rs. 10 per student. But examination fee of 70 students only were got deposited by you. In this way, you have caused financial loss of Rs. 610 to Nagar Palika Parishad School, Barua Sagar.2. In the academic session 1995-96, 200 diaries had been purchased by you for which Rs. 10 per diary was to be realized from the students and was to be deposited in the school funds. In course of transfer of charge, you handed over just 91 diaries to Shri Rama Shankar Dubey. In this way, 109 diaries were distributed by you to the students prices whereof to the tune of Rs. 1090 was not deposited in the school funds. This goes to show that you have embezzled the said amount, thus causing financial loss to the school.3. Salaries of Km. Alkeshwari, Km. Sangeeta Agarwal and Km. Ritu Kushwaha, Asstt. Teachers of the school, for the month of May, 1995, totalling Rs. 909, were withdrawn by you through Cheque No. 021002 dated 16.05.1995 but as per the Salary Register for the month of May, 1995, the salary to the tune of Rs. 284 only is shown to have been disbursed to Km. Alkeshwari Rathore. The remaining Rs. 625 was neither disbursed nor deposited back into the school funds till the transfer of charge. In this way, the said amount has been embezzled by you.;