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2025 Supreme(SC) 1927

RAJESH BINDAL, MANMOHAN
Union of India – Appellant
Versus
Indraj – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Brijender Chahar, A.S.G. Mr. Karan Chahar, Adv. Mr. Piyush Beriwal, Adv. Mr. Pallav Mongia, Adv. Mr. Dhruv Sharma, Adv. Mr. Amrish Kumar, AOR
For the Respondent(s): Mr. Rajesh Kumar, AOR Mr. Dhiraj Kumar Sammi, Adv. Mr. Krishan Kant Kumar, Adv.

JUDGMENT

Rajesh Bindal, J.

1. The present appeal has been filed against the judgment of the High Court [High Court of Judicature for Rajasthan at Jodhpur] dated 02.09.2024 passed in a Writ Petition [D.B. Civil Writ Petition No.10369 of 2024] filed by the respondent. The High Court while setting aside the order dated 23.02.2023 passed by the Tribunal [Central Administrative Tribunal, Jodhpur Bench, Jodhpur] in Original Application No.397 of 2015, had set aside the penalty of removal imposed upon the respondent.

2. From the facts available on record, it is evident that the respondent was employed on 12.01.1998 as Gramin Dak Sevak/ Branch Post Master. Certain irregularities were found during the course of annual inspection on 16.06.2011 regarding misappropriation of public funds where the respondent despite receiving amount from the account holders, had not entered the same in the books of accounts though the passbook of the account holders had been stamped. Chargesheet was served upon the respondent on 17.12.2013. Inquiry Officer was appointed, who submitted his report dated 11.11.2014 finding that the charges against the respondent stood proved. After giving due opportunity of hearing

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