Rajendra Nath Mittal, J. - (1.) This revision petition has been filed by the plaintiff against the order of the Additional District Judge Rohtak dated 22nd Nov., 1985.
(2.) Briefly the facts are that the plaintiff was posted as an Instructor in the Government Polytechnic, Jhajjar. He absented himself from duty during the period from 23rd July, 1977 to 5th July, 1981. It was alleged that he had not accounted for the store of the value of Rs. 1,955.55. Proceedings were initiated against him under the Punjab Civil Services Rules, 1952 for the aforesaid charges by the Director, Technical Education, Haryana on 18th June, 1978 and a criminal case under section 409 of the Indian Penal Code was also registered against him vide F.I.R. No.95 for committing criminal breach of trust in respect of the articles alleged to be entrusted to him. Shri Atma Singh was appointed as the enquiry -officer who submitted his report regarding his absence from duty and on that basis the Director stopped two increments with cumulative effect.
(3.) The enquiry regarding the second charge of misappropriation of the store was deferred for the reason that criminal case had been initiated against him. He was acquitted in that case by Shri V.P. Bishnoi, Judicial Magistrate 1st Class, Jhajjar vide judgment dated 31st Jan., 1984. After the decision of the case Shri Atma Singh was directed to enquire into the second charge regarding misappropriation of the store of the value of Rs. 11,955.55. On the basis of the report submitted by Shri Atma Singh, enquiry officer, he was held guilty of misappropriating the store of the value of Rs. 11,458.99 and it was ordered that the amount be recovered in salary.;