Purnendu Singh, J. – Heard Ms. Sweta Raj, learned counsel appearing on behalf of the petitioner, Dr. Anand Kumar, learned counsel appearing on behalf of the Bihar State Road Transport Corporation, Patna and Mr. Prabhat Kumar Verma, learned counsel for the petitioner.

2. The petitioner is aggrieved by the Memo No. 1944 dated 29.06.2016 whereby the petitioner was found guilty of defalcating Rs.1,34,973/- and the respondent had directed for recovery of 25% of the total embezzled amount from head of gratuity.

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner was working as Divisional Accounts Officer in Bihar State Road Transport Corporation, Patna Division. A charge Memo No. 6389 dated 26.10.2007 was issued to the petitioner by which the petitioner was directed to submit a show cause to Shri Yatindra Nath Jha, Director, Vigilance and Security, within 15 days and failure to do so would raise a presumption that he had nothing to say in the matter and decision could be taken ex parte.

4. It is further submitted that, the petitioner had submitted his show cause vide memo No. 4148 dated 07.11.2007, whereby he had denied the charges leveled against him in Mem