1 D.B. CIVIL WRIT PETITION NO.5398/2007 Shyam Lal Vs. Union of India & Ors. Date : 23.7.2007 PRESENT HON'BLE MR. JUSTICE RAJESH BALIA HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Harish Purohit for the petitioner. ______ We have heard learned counsel for the appellant on merit. The appellant challenges the order of the Central Administrative Tribunal by which the appeal against the order of punishment of removal from service has been dismissed. The petitioner has been put on duty as Extra Departmental Branch Post Master at village Post Office Pitha Ka Khera, Tehsil Raipur, District Bhilwara. On being found that the petitoner has misappropriated the amount of money-order by not distributing the same to the addressee, a departmental enquiry was held against him and having found him guilty of misappropriating the 2 fund of money-order to the tune of Rs.400/- which was proved on record, his services were terminated by order of removal on 30th September, 1999. Against the order of Disciplinary Authority, the appeal was also dismissed by affirming the finding. This led to filing of the original application before the Central Administrative Tribunal. The foremost contention of the petitioner is that imposition of punishment having been found guilty of misappropriating only a sum of Rs.400/- during a period of almost 16 years of service is grossly disproportionate to the misconduct proved. We are unable to sustain this contentioin inasmuch as in the matter of receipt and distribution of money through money order a post master discharges the office of trust. Non distribution of such sum by misappropriation is of very serious nature. The quantum of the amount proved to have been misappropriated is immaterial as it cuts at the root of trustworthyness of public service. 3 Consequently, we do not find any merit in the petition and the same is hereby dismissed in limine. [MAHESH CHANDRA SHARMA], J. [RAJESH BALIA], J. babulal/ 4 D.B. CIVIL WRIT RESTORATION APPLICATION NO.51/2007 Shyam Lal Vs. Union of India & Ors. Date : 23.7.2007 PRESENT HON'BLE MR. JUSTICE RAJESH BALIA HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Harish Purohit for the petitioner. ______ Heard learned counsel for the appellant. The defects, for non-removal of which the writ petition had been dismissed for want of prosecution, have been removed by the learned counsel today with the permission of the Court. In the facts and circumstances of the case, we are satisfied that for the reasons stated in the application for restoration, we deem it just and proper to allow this restoration application. D.B. Civil Writ Petition No.4666/2003 (DR.J) is restored to its original number. It may now be given regular number. [MAHESH CHANDRA SHARMA], J. [RAJESH BALIA], J. 5 babulal/