Judgment

KASLIWAL, J.:- Special Leave granted.

2. This appeal is directed against the Judgment of the Orissa Administrative Tribunal dated 2-11-1991.

3. The facts in brief are that the appellant was working as Nizarat Officer in the Collectorate of Baripada in the State of Orissa. While working on such post the Additional District Magistrate on 24-5-1973 lodged a report about the cash amounting to Rs.30,877.53/- missing from the Collectorates funds. The appellant found involved in the said matter was placed under suspension by an order dated 9-4-1974. The disciplinary proceeding was initiated against the appellant for the charges of misappropriation of cash and negligence in performance of duty on 7-10-1974. A criminal case under Section 409, I.P.C. was also instituted against the appellant and one Anil Chandra Patnaik who was working as Nazir at the relevant time. The appellant and the said Anil Chandra Patnaik were both convicted in the criminal case by the learned Chief Judicial Magistrate by order dated 28-9-1977. The appellant was dismissed from service on the basis of the aforesaid Judgment by order dated 12-1-1978.

4. The appellant filed an appeal against his conviction and sent