NANDA LAL DAS Vs. TRIPURA KHADI & VILLAGE INDUSTRIES BOARD

JUDGEMENT

(1.) These petitions arise in common background. They are heard together and would be disposed of by this common judgment. For convenience we may record facts from WP(C) No.441 of 2020.

(2.) Petitioner at the relevant time was working as an Assistant Organizer (Khadi) in the Khadi and Village Industries Board (hereinafter to be referred to as the Khadi Board). A charge-sheet was issued to the petitioner on 25.02.2011 in which three charges were levelled which read as under :

(3.) The charge-sheet contained statement of imputation of misconduct in which in detail it was pointed out how the petitioner had deliberately caused substantial financial loss to the Khadi Board. A departmental inquiry was conducted. Upon completion of which the Inquiry Officer submitted his report on 31.03.2016 holding that the charges were proved. Copy of the Inquiry Officer's report was supplied to the petitioner on 12.04.2016. In response to which the petitioner wrote to the disciplinary authority on 19.04.2016 saying that he was ready to refund 50% of the amount and that he would not thereafter take shelter of law but he may be allowed to continue in the service and his family members may be saved from extreme financial hardship. In short no major penalty may be imposed. On 22.04.2016 the petitioner deposited the said promised sum of Rs.5,65,009/- comprising of 50% of the loss caused to the department. On 31.12.2016 the petitioner again wrote to the disciplinary authority and requested for leniency in punishment. He stated that he was the sole earning member of the family and if his service is discontinued his family would face extreme financial hardships. Considering such circumstances, the authority may impose any punishment other than extreme major penalty.