JUDGMENT(Per Swatanter Kumar,C.J.):

Rule. Respondents waive service. By consent Rule made returnable forthwith. Heard both sides.

2. Vide Order dated 28th February 2007, the petitioner was dismissed from service with immediate effect on the basis of the inquiry into the article of charges conveyed to him on 26th April 2006. Aggrieved therefrom the petitioner preferred an appeal, which came to be dismissed by order dated 4th June 2007. The appellate authority, while dismissing the appeal recorded the following findings: “The circumstantial evidence indicate that the appellant had prepared the ground for this fraud by first changing the linked account number from 15 digits to 16 digits making the account of Shri Sher Bahadur Thapa in the off line mode, then viewing his PIN, fraudulently withdrew the amount of Rs.15,000 is very strong with no rebuttal from the defence side. The card of Shri Thapa which was given to dispatch clerk on 14th December 2005, and was also entered in the dispatch register on the same day but was dispatched on 20th December 2005. This means that the card was lying in the department on that fateful day. The duplicate card was received by Shri Thapa only on 24.12

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