Narendra Kumar Jain -II, J. - (1.) THIS writ petition is filed by applicant of OA No. 258/2002 under Art. 227 of the Constitution of India against an order dt. 08.09.2003 passed by the Central Administrative Tribunal, Jodhpur Bench (herein after for brevity called "the Tribunal") in aforementioned Original Application. By the impugned order dt. 08.09.2003, the Tribunal dismissed the Original Application filed by the writ petitioner and declined to grant him any relief claimed therein.
(2.) FEW facts need mention to appreciate the issue which lie in a narrow compass. The writ petitioner was at all relevant time working as Extra departmental Branch Post Master, Sanganer. He however remained absent during the period 12.01.1995 to 27.02.1998 i.e. for almost 180 days. It was also noticed that taking advantage of his post and power, he withdrew certain money from one S.B. Account No. 820276 belonging to one account holder without his knowledge. It is due to these two misconducts which were found major in nature, the writ petitioner was served with charge -sheet as per Rules. The petitioner contested the charge. The matter was dealt with by the Inquiry Officer. He held both the charges as made out. It was held that petitioner had remained absent from duty unauthorisedly and without any sanction for 180 days. It was also held that he had misappropriated the money from the holder's account. The appointing authority concurred with the findings of Inquiry Officer and dismissed the petitioner from service. It is against this dismissal order, the writ petitioner filed OA out of which this writ petition arises before the Tribunal. By impugned order, the Tribunal dismissed the OA and in turn upheld the dismissal order giving rise to filing of the writ petition under Art. 227 of Constitution of India.
(3.) SO the question that arises for consideration in this writ petition is whether the Tribunal was justified in declining to grant relief prayed for by the petitioner while rejecting his Original Application.;