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2010 Supreme(Mad) 3337

ELIPE DHARMA RAO, K.K.SASIDHARAN
S. Singaravelu – Appellant
Versus
General Manager, Southern Railways, Chennai – Respondent


Advocates Appeared:
For the Appellant :Balan Haridoss, Advocate.
For the Respondent:R. Thiyagarajan, Senior Counsel, Assisted by V.G. Suresh Kumar, for R. Vellaichamy, Advocate.

Judgment :-

K.K.SASIDHARAN , J.

The appellant challenges the order dated 13.07.2007 in W.P.No.13196/2001 confirming the award dated 06.06.2001 in I.A.No.485/2001 on the file of the Central Government Industrial Tribunal cum Labour Court, Chennai. Facts in brief :-

2. The appellant was an employee under the Southern Railway at Madras. While he was functioning as clerk, he was issued with a charge memo dated 23.07.1986 alleging that he has misappropriated an amount of Rs.10,070/- during December 1984 by making false entries in the railway records to appear as if he has refunded the said amount on the basis of a cancellation slip. The appellant submitted his explanation on 27.06.1987 denying the charges levelled against him. According to the appellant, he was on duty in the counter on 15.12.1984 and the refund was made based on cancellation endorsed by the cancelling Clerk accompanied by a refund application. Refund was made only to the person who presented the same across the counter.

3. The explanation submitted by the appellant was not found to be convincing and as such, the first respondent initiated departmental proceedings against him. The matter was also referred to the Centra















































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