Kanothi P.O. vs State of Gujarat

Bhagwati Prasad, J.—Heard learned counsel for the parties. In this case the appellant was charge-sheeted for charging the travel allowance twice to the tune of Rs. 396/- which was refunded by him immediately after audit objection was raised. On this charge, a charge-sheet was served upon him and along with other charges this charge was held proved and the appellant-petitioner was dismissed from service.

The dismissal was challenged before this Court and learned Single Judge has rejected the Special Civil Application challenging the dismissal. Against that order, the present appeal has been filed.

The only question raised before us is on the question of quantum of punishment. Having been taken through the entire record, we are of the considered view that the Enquiry Officer has observed regarding charge Nos. 2, 3 and 4 that there was no mala fide intention of the employee. This appears that delinquency was committed in circumstances which could have been avoided by the delinquent. The amount involved is only Rs. 396.70. We feel that a lesser punishment could have been awarded to the delinquent. Now he has reached the age of superannuation, if he would have been in service, he would have retired. We feel that in these circumstances punishment should have been there. Since the amount was short and same was paid when pointed out by audit party, some leniency could have been shown. Accordingly, we hold that the punishment awarded is disproportionate and lesser punishment is required to be passed. In that background, we consider that the appellant-petitioner having remained out of service since 1995, it would not be appropriate to order any payment for the period where he remained out of service but then some pensioner benefits can be awarded to the appellant and considering his length of service, the respondent will compute his pension as if he was in service notionally and pay him half of the pension to which he would have been entitled. His actual date of retirement is May 1, 2008 but for pensionary benefits he will be deemed to have retired from February 1, 2010. The payment of pensionary benefits would start from February 1, 2010. No arrears would be admissible to the appellant. To that extent the awarded punishment is modified. The order of learned Single Judge is modified to the aforesaid extent. The appeal is partly allowed.