TAPEN SEN, J. - (1.) HEARD Mr. S.B. Gadodia, learned counsel appearing for the petitioner and Mr. Ram Kishore Prasad, learned Additional Central Government Standing Counsel for the respondents.
(2.) THE petitioner is aggrieved by the order of punishment dated 1.3.1999 as contained in Annexure 4 by which the punish -ment of dismissal from service was inflicted upon the petitioner. The petitioner is further aggrieved by the order dated 5.7.1999 passed by the respondent No. 3 as contained in Annexure 7 confirming the aforementioned order of punishment. The petitioner joined the armed forces in the year 1972 on the post of a Vehicle Mechanic. After completing 27 years of service, which, according to the petitioner, was totally unblemished, he was transferred to Ranchi in May, 1997. It appears that while he was performing this duty in the Canteen Stores Department, an occurrence took place is a result of which a charge -sheet was issued against him. The charge - sheet contained four charges and these charges were: '' (a) On 4.3.1998, while performing the duties of a Canteen JCO, he sold canteen items to one Sanjay Prasad Sahu with an intention to cause wrongful gain to him. (b) On 5th March 1998 while performing the duties of a Canteen JCO and being responsible to deposit each day 'ssale proceeds in the Unit 'sRegimental Treasure Chest by 6 p.m. and having received Rs. 28,000/ - from the said Sanjay Prasad Sahu for the sale of items, he failed to deposit the same within that period and did so on 9.3.1998. (c) Between 7 -8.3.1998 while performing the duties of a Canteen JCO and being responsible to deposit each day 'ssale proceeds in the units Regimental Treasure Chest by 6 p.m. he failed to deposit Rs. 778.10 and Rs. 7424.70 within the period, i.e. of 7th March 1998 and 8th March 1998 and deposited the same only on 11.3.1998; and (d) Between November 1997 to March 1998 while he was performing the duties of a canteen JCO, he failed to properly maintain the General Stock Ledger of the Canteen. The aforementioned charge -sheet became a subject matter of Court Martial and upon conclusion thereof the aforementioned punishment was inflicted upon petitioner.
(3.) UPON perusal of Annexure 4, it appears that second charge was not believed, i.e., the charge relating to having received Rs. 28,000/ - from Sanjay Prasad Sahu on 5.3.1998 and depositing the same on 9.3.1998. However, for the first third and fourth charge, the petitioner was found guilty and accordingly dismissed from service. According to the petitioner, the first charge relates to selling of items from the canteen to a civilian, whereas the third charge shows delayed deposit and the fourth charge relates to improperly maintaining the General Stock Ledger of the Canteen.;