By the Court.—This petition has been filed by Sri Param Hans Sharma son of Sri Ram Nagina Sharma, resident of village Khuteva, P.O. Maina Bhagar, Gorakhpur under Article 226 of the Constitution of India for issuing a writ of certiorari quashing the order dated 7.2.1989, passed by the Disciplinary Authority, order dated 7.11.1989, passed by Appellate Authority, order dated 1.11.1996, passed by the Central Administrative Tribunal by which the petitioner a Clerk in Gonda Head Post Office has been dismissed from services, which has been upheld by the Appellate Authority and Central Administrative Tribunal.

2. Heard learned counsel for the parties and perused the record.

3. The petitioner was posted as Counter Clerk on 21.8.1987, Saving Bank Head Post Office Gonda. The duty of the Counter Clerk is to receive transactions presented at the counter by the depositors. The transactions are to be posted in the pass book by him. The pass book and pay in slips in case of withdrawals are then passed to ledger clerk. In case of withdrawals exceeding Rs. 500/- the ledger clerk and counter clerk both have to compare the signature on the application for withdrawal with the specimen signature on the record and the withdrawal is allowed if the two signatures tally. In case of difference in signature identification is to be obtained from a person known to the post office and the identification has to be accepted by the Assistant Post Master. In case of lesser amount, the Counter Clerk alone has to satisfy about the signature.

4. In the instant case the withdrawal form is the most important document. This form contains 3 parts, viz application for withdrawal to be completed by depositor warrant of payment to be prepared by the counter clerk and signed by the Assistant Post Master, and the receipt for payment to be signed by the depositor while receiving the payment. The depositor has to mention the amount of withdrawal and the balance after this transaction in the prescribed columns. The ledger clerk has to compare this balance with balance struck in ledger card and the Assistant Post Master has also to carry out this check while checking the posting of the transaction.

5. Sri Ram Mandhar son of Dashrath Lal happened to be depositor of Gonda Head Post Office Savings Bank Account No. 463412.

6. One Sri Ram Sughar Misra a retired Assistant Post Master had been appointed by the National Organisation as an authorised Agent for canvassing NSC Schemes and to procure business from intending investors, to invest these money on their behalf and to earn 2% commission thereon. He was deputed to Gonda Head Post Office. Sri Ram Sughar Misra, N.S. Agent was a respectable person well known to post office. Sri Misra always assisted Sri Ram Manohar in withdrawing or depositing the money.

7. The depositor, Sri Ram Manohar came to the Post Office on 21.8.1987 and got application form filled in by Sri Ram Sughar Misra, National Saving Agent. It was intended to be for Rs. 100/- while receiving the payment he told that he wanted to withdraw Rs. 200/- and not Rs. 100/-. Sri Ram Sughar altered the entries accordingly. The petitioner erred to accept this overwritten form and made alteration in the Pass Book also. A sum of Rs. 200/- was thus withdrawn. The closing balance after this transaction was Rs. 2603.75 paise. This warrant of payment was accounted for by the ledger clerk and checked by the Assistant Post Master and no objection was raised by any one.

8. The depositor again withdrew a sum of Rs. 300/- on 3.9.1987. The application form for withdrawal was again filled in by Sri Ram Sughar Misra. The balance after this transaction was noted as Rs. 2303.75 Paise. This transaction was made in the normal course of business.

9. The depositor on the application form for withdrawal of Rs. 300/- on 3.9.1987, unequivocally admitted the balance after this withdrawal as Rs. 2303.75 P. This obviously is conclusive evidence that according to written declaration of the deposi