SCA/1080020/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 10800 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= P J KHANT - Petitioner(s) Versus COMMISSIONER - Respondent(s) ========================================================= Appearance : MR KAUSHAL D PANDYA for Petitioner(s) : 1, MR SHIVANG SHUKLA, ASST GOVERNMENT PLEADER for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 05/09/2008 ORAL JUDGMENT 1. Heard learned advocates for the parties. 2. By way of this petition, the petitioner has prayed for quashing and setting aside the order dated 18.09.2006 passed by the Gujarat Civil Services Tribunal, Gandhinagar in Appeal No. 31 of 2006. 3. The petitioner was working as a Senior Clerk in Community Health Center, Garbada, Dahod. He was served with a charge-sheet dated 09.09.1999 wherein five charges regarding financial irregularities were leveled against the petitioner. Thereafter, not satisfied with the reply of the petitioner, a SCA/1080020/2008 2/4 JUDGMENT departmental inquiry was conducted whereby the petitioner was removed from service vide order dated 19.10.2004. Being aggrieved by the said order, the petitioner preferred appeal before the Tribunal. The Tribunal after hearing the parties passed the aforesaid award. Hence the present petition. 4. Mr. Kaushal Pandya, learned advocate appearing for the petitioner has contended that the Tribunal has erred in holding that the charges of both financial impropriety and embezzlement of money are clearly established by documentary evidences. He has further submitted that the punishment imposed on the petitioner is excessive and disproportionate to the charges proved against the petitioner. 5. This court has gone through the materials placed on record including the order impugned in this petition. The Tribunal has gone through the evidences in detail and has come to the conclusion that the inquiry officer has rightly held the charge as proved. The Tribunal has in para 5 held as under: 5. The most serious charge is Charge No. 2 which is about financial irregularities. The cash of Rs. 20,000/- was drawn by 3 abstract bills as follows: Bill No.108 dated 12-2-98 Rs. 5,000/- Bill No.112 dated 19-3-98 Rs. 10,000/- Bill No.118 dated 30-8-98 Rs. 5,000/- This amount of Rs. 20,000/- in all was not entered in the cash book. The cash book shows only an expenditure of Rs. 4647-50 ps. SCA/1080020/2008 3/4 JUDGMENT The explanation given is that there was an irregularity in writing the cash book. But it has to be noted that the cash book was inspected on 25-6-98 and till that date only an amount of Rs. 4647-50 ps has been accounted for. On verification a cash balance of Rs. 158-25 ps was found. This can not be termed as slight error in writing the cash book because of pressure of work. These bills should have been accounted for by 31st March 98 but had not been entered even 2 months and 25 days later. Shri Khant has also not given any explanation for the remaining amount. 9 vouchers of Rakesh Photo Framing Mart, Santrampur which were undated had not been entered in the cash book. On these vouchers also there is no entry that the goods have been received and thus payments were actually made. That will also constitute a serious irregularity and create serious doubts about their genuineness. Even with these vouchers the remaining cash is not accounted for. In addition, 4 blank bills of M/s. Inn Fen, Borewell-Zhalod and Ashish Shoes Make, Santrampur were found that no financial propriety has been observed by Shri Khant in the expenditure of official money. Amounts spent and the remaining amount do not tally with the total amount drawn. Thus, the charges of both financial impropriety and embezzlement of money are clearly established by documentary evidences.” 6. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal. The petitioner being an experienced and senior employee ought to have taken care to maintain the cash book properly but he has not done so and committed serious financial irregularities which has been viewed seriously by this Court. This Court does SCA/1080020/2008 4/4 JUDGMENT not see any reason for causing interference in the matter. This petition deserves to be dismissed. 7. In the premises aforesaid, petition is dismissed. (K.S. JHAVERI, J.) Divya//