SHARMA, J. - (1.) PETITIONER was employed as Nazir in Sub -divisional Nazarat, Daltonganj and retired from service on 30.4.1988.
(2.) WHILE in service, on 19.1.1965 he was placed under suspension (Annexure 1) with retrospective effect from 26.12.1964, on the charge of embezzlement of money. A criminal case under section 409 of the Indian Penal Code was also filed against him, wherein he was found guilty and was convicted and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 5000/ -. However, in Criminal Appeal No. 74 of 1967, his conviction and sentence aforesaid was set aside on the ground that the charge against him was not proved beyond reasonable doubt and he was acquitted on 30.1.1971.
(3.) ON 10.7.1971 a departmental proceeding was initiated against him wherein five charges were framed (Annexure 2). The Additional Collector, Palamu, who was appointed the enquiry officer, submitted the report (Annexure 3) on 31.10.1981 to the Deputy Commissioner. On 27.3.1982 the petitioner's suspension was revoked and after his retirement on 30.4.1988, the Deputy Commissioner, the Respondent no. 3 passed order of punishment against him on 16.6.1988 (Annexure 4). Consequent upon the said punishment, a sum of Rs. 10,214.12 paise was deducted from retiral benefits of petitioner on 9.2.1989. The petitioner filed statutory appeal which was rejected on 25.9.1993 (Annexure 5). Petitioner has challenged the orders (Annexures 4 and 5) in the present writ application.;