Pramath Patnaik, J.

In the accompanied writ application, the petitioner has inter alia prayed for quashing office order dated 2/9.2.2011 whereby the appellate authority while modifying the original order of punishment reduced the punishment to “demotion to lower stage/Grade” and directed for recovery of Rs. 2,80,975/- and further directed to treat the period from dismissal from services till the date of joining as ‘Dies Non”.

2. The facts, in brief, is that the petitioner while posted as Chief Cashier at Tekadi Camp, Nagpur, he was served with a charge-sheet on the allegation that while he was posted at Anandwan Camp, Nagpur, discrepancies in cash-book and the Imprest amount of the Anandwan Camp including physical cash balance shortfall of Rs. 2,84,878/- was found, thereby he committed misconduct of theft, fraud and dishonesty in connection with the employer’s business or property. Thereafter, the petitioner submitted his reply stating that the said allegation is not based upon evidence and material. Being dissatisfied with the reply, the disciplinary authority appointed enquiry officer, who upon inquiry submitted enquiry report. Basing on which, the disciplinary authority