ANIL KUMAR CHOUDHARY, J. - (1.) Heard Mr. Pandey Neeraj Rai, learned counsel for the petitioner and Mr. Amit Kr. Das, learned counsel for the respondents.
(2.) This writ application has been filed by the petitioner with a prayer for quashing the office order dated 16.05.2008 by which, the punishment of stoppage of one increment and recovery of amount alleged to be excess payment, has been awarded to the petitioner with all consequences and other reliefs.
(3.) The brief facts involved in this writ application is that the petitioner was an employee of Central Coalfields Limited. A departmental proceeding was held against the petitioner for following allegations- "That while you were posted and functioning as U.D.C, Rajrappa project during the year 1999-2000, you were sent to M/s Vulcan Industries Pvt. Ltd, Anand (Gujrat) on official duty to expedite supply of spares of P&H shovel on 22/12/1999 and also received TA advance of Rs. 4,000/- through pay-order no. 0283956 dated 18/12/99 against the said tour. While submitting the final TA bill, though as per railway time-table, there was no 1st class service in the train by which the journey was performed by you, you fraudulently claimed to have travelled by 1st class for your journey from Ramgarh Cantt. to Anand (Gujrat) on 22/12/99 and return journey from Anand (Gujrat) to Ramgarh Cantt. starting on 31.12.99 giving false mode of travel and fictitious ticket numbers and withdrew an additional amount of Rs. 2,560/- in excess being the difference between the 1st and 2nd class fares applicable during the relevant time whereas as per extent rules governing TA reimbursements, the Company's liability was restricted only to the extent of fare by the class in which you had actually travelled for undertaking the said tour.";