HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.20376 of 2009 (O&M) Date of Decision: 16.09.2011 **** Sukhdev Singh . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. Harnek Singh, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT J. (ORAL) (1). The petitioner who was a Conductor in the Punjab Roadways, was served with a charge-sheet dated 25.06.2002 alleging that he had taken Rs.617/- from various passengers in the bus on route No.8627 from Moga to Zira but no tickets were issued to them. The allegations were proved in a departmental enquiry and based thereupon the disciplinary authority, taking into consideration the length of service of the petitioner imposed the punishment of compulsory retirement on him vide order dated 21.02.2007 (Annexure P1). The Appellate Authority has also upheld the said order (Annexure P2). (2). The aggrieved petitioner has approached this Court. (3). It is urged that it was not an act of embezzlement, rather was a case of negligence on the part of the petitioner in CWP No.20376 of 2009.doc (O&M) - 2 - performance of his duties, hence the punishment is disproportionate to the nature of charges. (4). In my considered view, the contention has no factual basis as the allegation proved against the petitioner is of embezzlement of the public funds which also amounts to playing fraud on the Department. In a case of misappropriation or embezzlement, the inference of dishonesty can always be drawn and no leniency can be shown to the delinquent employee. No case of interference by this Court in exercise of its writ jurisdiction is made out. (5). Dismissed. 16.09.2011 vishal shonkar (S u r y a K a n t) Judge 2