1. Invoking the provisions of the Land Revenue Act, an amount of Rs.39,34,489/- is sought to be recovered from the petitioner as arrears of land revenue. It is stated that the said amount has been embezzled by the petitioner while functioning as Head Cashier in the office of the Consumer Affairs and Public Distribution Department. The legality of this order is being questioned by the petitioner in this petition. In order to decide the controversy involved the brief facts of this case are required to be enumerated.

2. In terms of Government Order No.10-DFSK of 93 dated 16-04-1993 the petitioner was directed to hold the charge of Cashier in addition to his own duties. At the time of taking over charge an amount of Rs.20,50,472.70/- was reflected to be lying with his predecessor Ghulam Mohammad Hakim. Only an amount of Rs.2,88,519/- was handed over to the petitioner. The petitioner continued to work as a Head Cashier till 23rd of October, 2001. It transpires that the petitioner had not been depositing the cash received by the department from various sale centres in the chest and the same was retained by him without depositing in the treasury. An enquiry is stated to have been conducted

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