S. B. SINHA, C. J.

( 1 ) THIS matter has been listed before us on the reference made by a learned Single judge of this Court for resolving the following questions of law: (1) In case where there has been no criminal prosecution resulting in conviction whether the quantum of amount misappropriated or embezzled by a delinquent official can be taken into consideration in deciding the adequacy or otherwise of the punishment? (2) If the amount embezzled or misappropriated is too meagre and the punishment given is removal from service, which is the ultimate punishment, can it be termed as shockingly disproportionate?

( 2 ) BEFORE adverting to the aforesaid questions, the fact of the matter may be noticed.

( 3 ) THE petitioner herein had been working as a Conductor in the Organization of the respondents herein. Certain charges were framed against him, which are in the following terms:charge-1: For having collected an amount of Rs. 35. 00 instead of Rs. 45. 00 from a batch of 23 passengers at the boarding point itself and failed to issue tickets who boarded the bus at gangavaram and found alighting without tickets at Dibbalapalem (Ex. stages 2 to 1), while conducting the bus bearing No. AEZ

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