RAJASEKHAR MANTHA,J. - (1.) The writ petitioner is aggrieved by an order of dismissal from service issued by the Society concerned in its Meeting dated 06.11.1996. The same was communicated to the writ petitioner vide Memo No. 70/96-97 dated 13.11.1996.
(2.) The facts of the case inter alia are that vide charge-sheet dated 04.04.1996, the writ petitioner was charged with misconduct. The charges against the writ petitioner are set out hereinbelow:"Annexure-: I It appears that during the visit of the Executive Officer, Jamalpur Thana Cooperative Agricultural Marketing Society Ltd. on 29.12.80 that closing cash balance of cash book page 27 for the year 1980-81 have been shown as Rs. 11,962.31 by Shri Akhilesh Gupta but the closing page of the same cash book was found to be Rs. 21,746.31 as per sale proceeds and no satisfactory explanation could be given to the said Executive Officer with regard to the Cash balance amounting to Rs. 9,784/- by the said Shri Akhilesh Gupta in as much as the said Executive Officer could verify the said cash balance and the said amount as it appears was also traceable. The explanation that was given by Shri Gupta with regard to non-availability of the said amount was rather convincing. Such conduct of Shri Gupta prima facie shows lack of integrity, devotion of duty and unbecoming of an employee of a Co-operative Society and speaks of misconduct as per subclause (iii) of clause (a) of Rule 14. Hence, the charge Article of Charge No. II It appears that during physical verification on 29.12.80 that N.P.K. 10:26:26 measuring 5 M.T. amounting to Rs. 13,090.00 was found in the godown of the said Society. From the record it further appears that though the said stock should have been in the godown as per the record but the said quantity of the chemical fertilizer was neither sold as per the cash memo nor the same was found in the godown. Therefore, there was misappropriation of chemical fertilizer of worth Rs. 13,090.00 and since Shri Akhilesh Gupta being in-charge of the said Society and the godown having failed to give any satisfactory explanation with regard to such misappropriation of the sale proceeds of the chemical fertilizer it is alleged that Shri Gupta sold the said chemical fertilizer without cash memo and it has further alleged that Shri Gupta misappropriated the said amount. Such conduct on the part of Shri Gupta constitute misconduct within the meaning of sub-section (iii) of Section (a) of Rule 14. Hence the charge. The Statement of imputation: The Executive Officer, Jamalpur Thana Co-operative Agricultural Marketing Society Ltd. held a visit of the office and the godown of the said Society on 29.12.80. During his visit the said Executive Officer checked the cash balance of cash book and it was reported that he found at page 27 of the cash book for the year 1980-81 that cash balance was shown as Rs. 11,963.31 by the said Shri Akhilesh Gupta in-charge of the Narayanpur Branch office of Jamalpur Thana Co-operative Agricultural Marketing Society Ltd. but the closing page of the same cash book would be amounting to Rs. 21,746.31 as per the sale proceeds. The difference of the cash balance on that page was Rs. 3,794/- but the said amount could neither be checked nor could be found. Shri Gupta could submit any satisfactory explanation with regard to such shortage in cash balance. It has been alleged that the said amount was misappropriated by Shri Akhilesh Gupta. On the same day during the inspection of the godown it was found that 5 M.T. of chemical fertilizer NPK 10:26:26 amounting to Rs. 13,090.00 was found in the godown of Narayanpur Branch of the said society. Shri Akhilesh Gupta could submit any satisfactory explanation with regard to the said 5 M.T. of chemical fertilizer worth of Rs. 13,090.00. From the record the said Executive Officer find that the said fertilizer was sold by the cash memo nor the said fertilizer was found in the godown though according to the stock the said 5 M.T. chemical fertilizer should have been either in the godown or the same was sold and the sale proceeding should have been entered in the cash book and also in the cash memo. Since Shri Akhilesh Gupta could give any satisfactory explanation with regard to misappropriation of the said 5 M.T. chemical fertilizer of worth Rs. 13,090.00. Since the explanation submitted by Shri Gupta seems to be convincing and since Shri Gupta admitted that he has misappropriated the said sale proceedings and the difference of the cash balance and agreed to repay the same, hence, the charge. Annexure- III : List of documents by which the Article of charge framed against Shri Akhilesh Gupta, in-charge of Narayanpur Branch of Jamalpur Thana Co-operative Agricultural Marketing Society Ltd. are proposed to be sustained. 1) Memo No. 380/80-81 dated 2.1.81 by the Executive Officer, Jamalpur Thana Cooperative Agricultural Marketing Society Ltd., Burdwan to the Officer-in-charge, Jamalpur Police Station, Burdwan. 2) The letter and/or complaint written by the Executive Officer to the Directors of the said Society. 3) The letter written by Shri Akhilesh Gupta with regard to repaying the defalcated amount by instalments. 4) Any other document as and when required will be relied upon giving notice to the charged employee. Annexure-: IV By whom the article of charged framed against Shri Akhilesh Gupta, in-charge of Narayanpur Branch of Jamalpur Thana Cooperative Agricultural Marketing Society Ltd. are proposed to be sustained:- 1. Shri Nishit Ranjan Bhowmic, the then Executive Officer, Jamalpur Thana Cooperative Agricultural Marketing Society Ltd. 2. Shri Badrul Alam, Chairman, Jamalpur Thana Co-operative Agricultural Marketing Society Ltd. 3. Shri Basudeb Ghosh, Manager, Jamalpur Thana Co-operative Agricultural Marketing Society Ltd. List of documents: 1. Cash book for the year 1980-81 particularly page 27. 2. Stock register of the chemical fertilizer of 1980- 81 particularly of 29.12.90; 3. Cash memo book for the month of December, 1980 and January, 1981. 4. Purchase register of December, 1980."
(3.) The charge-sheet was issued after acquittal of the writ petitioner in criminal proceedings. In a writ petition being W.P. 2331(W)/1997 and appeal therefrom being FMA 3219/2002 where the initiation of departmental proceedings after acquittal in criminal proceedings was challenged, the Society concerned was allowed to proceed with such enquiry. The enquiry proceeded in which witnesses were examined and the documents were proved in support of the said charge-sheet.;