1. Heard learned counsel for the parties.

2. With the consent of the counsel for the parties we are disposing of this appeal at the admission stage itself.

3. The appellant was holding the post of Peon and serving under the Prakhand Vikas Karyalaya, Dighwara. He was appointed as a Peon to execute certain works under the Jawahar Rojgar Yojna and Indira Awas Yojna. The charge levelled against him is that out of a sum of Rs. 1,81,975/- he had not accounted for a sum of Rs. 34,287/-.

4. It is not in dispute that chargesheet was submitted against the appellant and an Inquiring Officer was also appointed. The appellant appeared before the Inquiring Officer. Thereafter the impugned order (Annexure-3 to the writ petition) was passed by the disciplinary authority, namely, the Collector, Saran at Chapra dated 13th July, 1996. The impugned order refers to the charge levelled against the appellant and thereafter the disciplinary authority proceeded to impose punishment agreeing with the findings recorded by the Inquiring Officer that the charges have been proved.

5. Counsel for the appellant submitted before us that the impugned order cannot be sustained in law because if the disciplin