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2010 Supreme(Raj) 1448

MOHAMMAD RAFIQ
Pep Singh and etc. – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Arpti Srivastava, Advocate.
For the Respondent:Krishna Verma, Advocate.

JUDGMENT

1. - These two writ petitions have been filed by the petitioners Singh and Madho Lal Kashyap against the orders of penalty awarded to them in disciplinary proceedings.

2. Since common question of law and facts are involved in both these cases, the same are being disposed of by this common order.

3. Petitioner Singh was serving the respondent in Transport Department as Class-IV employee and petitioner Madho Lal Kashyap was serving as a Lower Division Clerk. It is alleged that on 8.1.1991 both petitioners were on duty in the night at the check post at Aklera. Petitioner Madho Lal issued two check slips amounting to Rs. 876/- each but due to non availability of loose cash and small currency notes, both the vehicle owners/drivers paid Rs. 880/- each i.e. Rs. 8/- in excess of the amount shown in the slips and these Rs. 8/- were kept in coffers by the petitioner as it is and the total amount of revenue collected by the petitioner till the surprise checking by the A.C.D., Flying on the night intervening 8-9th January, 1991 was Rs. 3504/-, but in fact, the cash found with the petitioner by the said Flying Squad was Rs. 3512/- instead of Rs. 3504/-. Thus, he was found in possession o








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