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2008 Supreme(HP) 619

DEEPAK GUPTA, V.K.AHUJA
Bishan Dass Sharma – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Jeevesh Sharma.
For the Respondent: Ravinder Thakur.

JUDGMENT :

V.K. AHUJA, J.

1. This is a civil writ petition under Articles 226 and 227 of the Constitution of India filed by the petitioner challenging the order passed by the learned Central Administrative Tribunal (hereinafter referred to as the CAT), dated 28.3.2001, dismissing the application filed by the petitioner under Section 19 of the Administrative Tribunals Act, 1985.

2. Briefly stated the facts of the case are that the petitioner was posted as Assistant Post Master and during the year 1994, he was asked to give his explanation in regard to the reconciliation of Rs. 15,000/- since he had deleted the entries on 14.7.1990 during his posting. The explanation of the petitioner was considered and was only warned by order, dated 15.10.1994. Thereafter, a fresh memo was issued to the petitioner, dated 21.8.1997, vide which he was asked as to why action be not taken against him under Rule 16 of the CCS (CCA) Rules, 1965. The petitioner replied to the said notice and after considering the material on record, an order was passed by his employer on 18.1.1999 that since he had caused a loss to the Department to the tune of Rs. 15,000/- a sum of Rs. 5,000/- be recovered from the pay of t

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