JUDGMENT :

Shree Chandrashekhar, A.C.J.

The appellant has challenged the writ Court’s order dated 18th May 2023 passed in W.P(S) No.7007 of 2019 primarily on the ground that the restrictions upon the powers of the writ Court are not absolute and the writ Court can interfere with the order passed in a disciplinary proceeding on the ground of mala fide perversity, proportionality and other well-known grounds of the like nature.

2. The appellant who was appointed on the post of Assistant on 4th September 1995 was served a charge-memo dated 8th May 2013 on the allegation of misappropriation of Rs.79,92,465/- through 29 cheque leafs fraudulently taken out from the Nazarat. This is the case set up by the appellant that he was transferred from Nagar Untari Block to Garhwa where he tendered his joining on 21st January 2012 and worked as Nazir in the Nazarat. He was handed over charge of general cash register but other registers including the cheque book register were not given to him. On 5th May 2012, he gave a written information to the Block Development Officer that several leafs from the cheque book were missing from the Nazarat and on that basis a First Information Report vide Garhwa PS