- (1.) This Rule was obtained by the petitioner for quashing certain departmental proceedings adopted by the disciplinary authority briefly in the following circumstances:
(2.) The petitioner who was at the material time working as a commercial clerk in the Commercial Department of South Eastern Railway at Kharagpur was charge-sheeted for serious misconduct of temporary misappropriation of certain sale proceeds received by him out of sale of some Railway tickets. Pursuant to the show cause notice. he submitted his explanation before the Asstt. Commrl. Superintendent setting out several circumstances beyond his control for which there were certain errors and omissions on his part in accounting for the money in time. In any case, it was stated that the total sum involved was Rs. 17.87 which he re-imbursed on proper accounting. He also made it clear that there was no dishonest intention on his part in retaining any money even temporarily which was due by him on accounting.
(3.) An inquiry was held by the Assistant Commercial Superintendent and in the report submitted by him it was recorded by him that the petitioner accepted the allegations relating to these charges and thus was found guilty of temporary misappropriation of cash in respect of each of the items. Thereafter, the Divisional Superintendent. Kharagpur, respondent No. 3, dealt with the enquiry report and agreed with the findings of the Enquiry Officer and held that the charges of temporary misappropriation were proved mainly on the admission by the petitioner of his guilt for short remittances, although at the same time he thought th:;t the petitioner was telling a part of the truth while explaining the circumstances under which such lapses occurred. Accordingly, a second show cause notice was served upon the petitioner for submitting his explanation against the proposed order of compulsory retirement. That is how, in short, the petitioner felt aggrieved and obtained, the present Rule.;