Full Judgment Text
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PETITIONER:
MANGLA GIRI
Vs.
RESPONDENT:
REGIONAL ADMINISTRATIVE COMMITTEE VARANASI & ANR.
DATE OF JUDGMENT: 11/10/1996
BENCH:
K. RAMASWAMY, G.B. PATTANIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Delay condoned.
The charge against the petitioner is that as per
special Audit for 1981-82, he defalcated a sum of Rs.
18,970.85 in General Distribution System, Rs. 20,789.50
under Cash and carry programme and had shown shortage of
four quintals of sugar worth amount Rs. 1530/- and 80 Kgs.
of sugar worth amount Rs. 308/- and as per special Audit
report of 1982-83, for a further amount of Rs. 23,746.00. An
opportunity was given to the petitioner to make good the
loss. But he did not deposit the money. Consequently, an
order of his removal from service came to be passed but
reasons for the same were no assigned. He filed an appeal
before the Regional Administrative Committee which dismissed
the same. When the petitioner filed with petition No.
31643/90 the Higher Court in the impinged order dated April
17, 1996 dismissed the writ petition. Thus, this special
leave petition.
A contention has been raised by the petitioner that he
has not been given an opportunity to defend and except for
the year 1991, no direction was given earlier and,
therefore, he was denied of reasonable opportunity to defend
himself resulting in violation of natural justice. We find
no force in the contention. When the petitioner was given
opportunity to make good the loss and he did not deposit the
same, it is too difficult to believe that the locker was
opened in his absence and the amount was taken by somebody
in his absence when he was on leave due to medical grounds.
The theory now set up too fantastic to be believed. Under
those circumstances, we do not find any illegality in the
order passed by the High Court warranting interference.
The special leave petition is accordingly dismissed.