- (1.) THE present Writ Petition has been filed assailing the order, Memo No. 7583 dated 04.10.2004 (Annexure 9 to the Writ Petition), whereby and whereunder, the Petitioner Who was posted as Sales man at Bihar Food Corporation at Dhanbad was dismissed from the service.
(2.) THE brief facts of the case, inter alia, are that in the year 2011, the petitioner, who was working as Salesman at Bihar Food Corporation, Dhanbad, was placed under suspension vide memo no. 5506 dated 30.08.2011 (Annexure 1). Therefore, Chargesheet dated 17.12.2002 (Annexure 4) was served on the petitioner calling his explanation on the following charges. (I) Petitioner, being incharge of the Shubham Sale Centre has embezzled the amount of the sales proceeds of Rs. 30,334.28/ which was to be deposited in the account of the Corporation and has spent the said amount in his personal use. (II) Petitioner being on leave with effect from 28.04.2001 to 10.05.2001 has further exceeded his leave till 04.11.2001 without being sanctioned by the competent authority, as a result whereof the property of the corporation worth Rs. 53,325.55/ got damaged. The petitioner was alleged to be solely responsible for the damage which was to be recovered from him. (III) During the period of his posting, an irregularities were detected during the inspection of the cash book wherein the shortage of an amount of Rs. 27,810.63/ was found, which does not only amount to financial irregularities but also amounts to cheating committed in order to cause financial loss to the Corporation. (IV) In spite of several orders of the District Manager, Dhanbad, the petitioner has made unwarranted delay in handing over the charge of the sale centre which was actually made possible only after a lapse of eight months since the issuance of the order. It shows gross indiscipline and disobedience to the order of the authorities. Enquiry Officer, having perused entire material and after hearing the petitioner, has found all the four charges proved against the petitioner. Show cause notice dated 17.08.2004 (Annexure 7) was served on the petitioner along with the copy of the enquiry report calling the petitioner as to why major punishment may not be imposed on him.
(3.) HAVING considered entire record including explanation furnished by the petitioner, competent authority has passed impugned order dated 04.10.2004 dismissing the petitioner from the service. I have heard learned counsel for the parties and have carefully perused the entire record.;