om:31-cl-2014-mar — Admission of guilt for shortage of cash amounting to ₹ 1,53,904 which led to charge-sheeting the Applicant by the charge-sheet, dated 8-7-2010 and penalty order of removal dated 16-11-2011, is in order and cannot be set aside

Admission of guilt for shortage of cash amounting to ₹ 1,53,904 which led to charge-sheeting the Applicant by the charge-sheet, dated 8-7-2010 and penalty order of removal dated 16-11-2011, is in order and cannot be set aside — This chunk pertains to an Original Application (OA No. 56 of 2012) filed by the Applicant, a GDS BPM appointed at M.T. Mirigaon BO on 25-2-1997, seeking to set aside a punishment order and appellate ... — Facts: The Applicant herein, GDS BPM, appointed at M.T. Mirigaon BO on 25-2-1997 was charge-sheeted vide memo, dated 8-7-2010 for cash shortage of ₹ 1,53,904. The Applicant stated that he had a cash balance of ₹ 1,18,261 which has not been accounted in the charge-sheet. After enquiry, he was punished by removal from service by Order, dated 16-11-2011. The Enquiry Officer in his report which was forwarded to the Applicant, notes that the Applicant had admitted his fault. But this is denied by the Applicant. This OA is filed to set aside the punishment order, dated 10-5-2011 and appellate order, dated 16-11-2011 and to reinstate him into service. It is not necessary to elaborate the arguments of both sides as both sides argued to sustain their viewpoints. The Tribunal in their judgment had brought out the submission of both sides. On perusal of the pleadings, counter and material on record, the question as to whether the admission of guilt by the Applicant is under the coercion and duress℃ Whether the findings of the enquiry officer are arbitrary℃ And whether the penalty of misconduct is proved or whether the punishment imposed is unreasonable and unduly harsh℃ The Applicant appears to have admitted his guilt of committing shortage of cash of ₹ 1,53,904 which he credited to Government exchequer. Such crediting in exchequer does not appear to be under duress. In the defence statement, dated 8-7-2010 it is stated that "I will not commit such irregularities henceforth. Exchequer has been credited keeping in view the grievous nature of my commission even at the cost of my ancestral property". The above said admission of his guilt is not under duress. He admitted his guilt vide note, dated 20-12-2010.