2001 Supreme(J&K) 134
T.S.DOABIA
Bharat Singh – Appellant
Versus
Union Of India – Respondent
Advocates Appeared:
Advocate For Appellant: M.L. Gupta
Advocate For Respondent: Neeru Goswami
1. The Chief Judicial Magistrate, Jammu, found the petitioner guilty of having committed an act under Section 409 of the Penal Code for having misappropriation a sum of Rs. 9417.75 and sentenced him to undergo six months imprisonment and to pay a finance of Rs. 1000/-. This conduct on the basis of which he was convicted, was found to be sufficient to render the retention of the petitioner in the National Seeds Corporation Ltd., undesirable. In addition to this, a departmental enquiry was also held. In this enquiry., it was found that the petitioner had embezelled a sum of Rs. 4039.20. Taking into consideration the findings of the Enquiry Officer and also the order of conviction passed by the Chief Judicial Magistrate, the services of the petitioner were brought to an end. He was dismissed from service. An order to this effect was passed under Rule 11 of the Central Civil Services (Classification Control and Appeal) Rules, 1965. Petitioner was held not entitled to gratuity and was also deprived to the benefit of employers contribution towards Provident Fund. This order was passed on 26th May, 1977.
2. The petitioner had preferred an appeal against the order of conviction. The petiti
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