# Suneel Kumar & Anr v. State of U.P. & Anr

- **Citation:** (2023) 4 ILRA 249
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-03-16
- **Case number:** Writ-A No. 37062 of 2014
- **Bench:** Rajiv Joshi
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/suneel-kumar-anr-v-state-of-u-p-anr-50099
- **Pages:** 8

## Headnote

A. Civil Law - Chandra Mohan Jha
University, Meghalaya, Act, 2009-Section
48-Education-degree-validity-Bachelor
degree obtained by from CMJ University
are
valid
in
view
of
judgment
of
Meghalaya High Court passed in Writ(C)
No. 177 of 2014 and Amendment in
Section 48 of Amendment Act 2019-the
verification of both the students are
completed according to the records of the
University and the degree of both the
aforesaid students are valid.

The petition is allowed. (E-6)
250 INDIAN LAW REPORTS ALLAHABAD SERIES

## Text

4 All. Suneel Kumar & Anr. Vs. State of U.P. & Anr.
249
the purpose of compassionate appointment,
the same would obviously entail the
petitioner to be eligible as per the
recruitment rules for a Class IV post
meaning thereby that he would have to
have the qualification of Class Xth or Class
XIIth or equivalent and by no stretch of
imagination can the respondents be allowed
exclude a graduate candidate for the
purpose of compassionate appointment on
sub-staff cadre as the same would run
against
the
policy
of
providing
compassionate appointment to tide over
sudden financial crisis.

18. So far as the judgments over
which Sri Gopal Kumar Srivastava, learned
counsel appearing for the respondent- Bank
has placed reliance, suffice it to say that the
judgments of Endraa Narayan Rajpoot
(supra) & Alok Kumar Mishra (supra)
pertain to cases where the persons were
staking their claim on the basis of an
advertisement issued by the Commission
i.e for the purpose of direct recruitment and
the
said
cases
did
not
pertain
to
compassionate appointment. So far as the
Division Bench judgment in the case of
Kartikey (supra) is concerned, the same
also does not pertain to compassionate
appointment and thus in the view of the
Court none of the three judgments would
have any applicability or would be attracted
to the facts of the present facts case. So far
as the judgment of the Apex Court in the
case of Anita (supra) is concerned the
same again pertains to a case of direct
recruitment and not to compassionate
appointment. Accordingly, none of the
aforesaid judgment have any applicability
in the facts of the instant case.

19. Keeping in view the aforesaid
discussion, the writ petition is disposed of
with the direction to the respondent no. 3
i.e Zonal Manager, Punjab National Bank,
HRD Section, Zonal Office, Gomti Nagar,
Lucknow who is said to be competent
authority or any other competent authority
to consider the case of the petitioner for
compassionate appointment in the sub staff
cadre or against any Class IV post. The
case of the petitioner would not be rejected
only on the ground of he being a graduate.

20. Let such a consideration be done
within a period of six weeks from the date
of receipt of a certified copy of this order.
----------
(2023) 4 ILRA 249
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 16.03.2023

BEFORE

THE HON'BLE RAJIV JOSHI, J.

Writ-A No. 37062 of 2014

Suneel Kumar & Anr. ...Petitioners
Versus
State of U.P. & Anr. ...Respondents

Counsel for the Petitioners:
Sri Ashish Jaiswal

Counsel for the Respondents:
C.S.C.

A. Civil Law - Chandra Mohan Jha
University, Meghalaya, Act, 2009-Section
48-Education-degree-validity-Bachelor
degree obtained by from CMJ University
are
valid
in
view
of
judgment
of
Meghalaya High Court passed in Writ(C)
No. 177 of 2014 and Amendment in
Section 48 of Amendment Act 2019-the
verification of both the students are
completed according to the records of the
University and the degree of both the
aforesaid students are valid.

The petition is allowed. (E-6)
250 INDIAN LAW REPORTS ALLAHABAD SERIES
(Delivered by Hon'ble Rajiv Joshi, J.)

1. Heard Sri Ashish Jaiswal, learned
counsel for the petitioners and Ms. Shivi
Mishra, learned Standing counsel for the
respondent.

2. The present writ petition has been
filed by two persons namely Sunil Kumar
and Desh Deepak both sons of Sri
Rameshwar Dayal with the prayer for
direction to the respondent no.2 Principal,
District Institute of Education Training,
Bhogoan,
Mainpuri
to
permit
the
petitioners to appear in the IInd and IIIrd
Semester Examinations of B.T.C. Training
Course-2012 and to continue their studies
for the said course.

3. The record reflects that the
petitioners passed their High School and
Intermediate Examinations in Ist Division
from the U.P. Board and subsequently
obtained their Bachelor of Arts (B.A.)
Degree in Ist Division from Chandra
Mohan Jha University, Meghalya (for short
'CMJ University Meghalaya') which was
duly recognized as per Section 2(f) of
University Grants Commission Act, 1956.

4. On the strength of the aforesaid
qualification, the petitioners have applied
online for B.T.C. Training, 2012 from
District Institute of Education Training,
Mainpuri (for short ' DIET') in which, both
of them are selected and sent for training.
The petitioners have passed their Ist
semester examination and the examination
of IInd semester was going to commence
from 22.1.2014, in the meantime, the
respondent No. 2 Principal DIET, Mainpuri
passed an order dated 13.1.2014 whereby
the training of the petitioner has been
discontinued as per the judgment of this
Court dated 19.11.2013 passed in Writ-A
No. 36180 of 2013 (Satyesh Kumar & Ors.
Vs. State of U.P. & Ors), which follows
that the degree obtained from the CMJ
University, Meghalaya from the Academic
Year 2009-2013 are invalid. The said letter
of the Principal, DIET, Mainpuri has been
appended at page no. 27 to 28 of the writ
petition.
Subsequently,
the
petitioners
challenged the order dated 13.1.2014
passed by the Principal DIET, Mainpuri by
way of Writ-A No. 3775 of 2014, which
was
dismissed
vide
judgment
dated
21.1.2014 and the said order was affirmed
by the Division Bench of this Court in
Special Appeal No. 154 of 2014 vide order
dated 11.2.2014 with the liberty to the
petitioners to file appropriate representation
in view of the direction issued by the
Hon'ble Apex Court in Special Leave
Petition [petition (s) for Special Leave to
Appeal (Civil) No(s). 19617 of 2013 CMJ
Foundation & Ors. Vs. State of Meghalaya
& Ors].

5. It further reflects from the record
that the CMJ Foundation, Meghalaya filed
Special Leave to Appeal (Civil) No(s).
19617 of 2013 against the judgment and
order dated 31.5.2013 passed in Writ- A
No. 16 of 2013 by the High Court of
Meghalaya at Shilong, the said Special
Leave to Appeal is disposed of vide order
dated 13.9.2013 with the direction to the
State Government, Mehghalaya to take
appropriate action under Section 48 of CMJ
University Act, 2009 after giving notice
and reasonable opportunity of hearing to
the Institution. The order dated 13.9.2013
passed in Special Leave to Appeal (Civil)
No(s). 19617 of 2013 is quoted as under:-

"The petitioners in the connected
petition are permitted to file the special
leave petition. These petitions are directed
against judgment dated 31.5.2013 of the
4 All. Suneel Kumar & Anr. Vs. State of U.P. & Anr.
251
Division Bench of the Meghalaya High
Court whereby the appeal filed against the
order of the learned Single Judge refusing
to quash order dated 30.4.2013 passed by
Principal Secretary to the Governor of
Meghalaya under Section 13(3)(b) of the
CMJ University Act,2009 (for short, 'the
2009 Act') was dismissed.

During the pendency of the
special leave petitions, the Visitor-cumGovernor, Meghalaya made comprehensive
recommendations
on
12.6.2013
for
dissolution of the University on the
grounds
of
mismanagement,
maladministration, indiscipline and failure
in the enforcement of the objectives of the
University, apart from criminal liability.
The note containing the decision of the
Visitor including the recommendations
made by him reads as under:

"1. I have perused the letter dated
10th June, 2013 from Shri S.P Sharma,
Advocate
for
CMJ
Foundation
with
reference to the Directives issued by this
office
vide
letter
no.
GSMG/CMJU/82/2009/311
dated
24th
May, 2013. It is observed that the CMJ
Foundation/University
has
moved
the
Court of Chief Judicial Magistrate seeking
copies of documents for the purpose of
compliance of the Directives, after much
delay, on 10th June, 2013 the last date
fixed for compliance of the Directives. It
thus appears that the CMJ Foundation is
not sincere about compliance with the
Directives. Moreover, all the Directives
that were issued vide this office letter No.
GSMG/CMJU/82/2009/143
dated
30th
April, 2013 could have been complied by
the CMJ Foundation without recourse to
the documents seized by the State Police.
The Directives issued on 30th April, 2013
are stated below:

i) The CMJ University shall
recall/withdraw all the degrees awarded so
far and publish this fact in national and
local newspapers at their own cost.

ii) The CMJ Foundation shall
submit a fresh proposal for appointment of
the Chancellor along with the correct bio-
data of the candidate recommended and
supporting documents.

iii) The CMJ University shall
frame rules and procedures for admission
into
the
M.Phil
and
Ph.D
degree
programmes,
allocation
of
supervisor,
course work/ evaluation, assessment and
further related methods in accordance with
the
UGC
(Minimum
Standards
and
Procedure for Awards of M.Phil/Ph.D
degree) Regulation, 2009.

v) No fresh admission of students
shall be undertaken by the CMJ University
till compliance of the above instructions
and till the appointment of the Chancellor
in accordance with Section 14 (1) of the
CMJ University Act, 2009.

2. It is unfortunate that the
Chairman of CMJ Foundation has remained
incommunicado all these days and chosen
to communicate only through his counsel.
According to media reports his counsel
says he is in Bihar attending on his sick
parent. Even if it is true it cannot be the
reason for not addressing the issues for so
long.

3. It is worth mentioning that
immediately after the first directives were
issued the University alleged that the
students had vandalized the office and
equipment
in
the
University
which
subsequently was found to be false by
police.
According
to
police
it
was
engineered by the university staff at the
instance of one of the Directors. It was a
deliberate attempt to destroy evidence and
the case is under police investigation.

4. All these cast a shadow on the
sincerity of the University to adhere to the
requirement of law, initiate corrective
252 INDIAN LAW REPORTS ALLAHABAD SERIES
actions and uphold the standards of higher
education.

5.
The
commissions
and
omissions of University are in two parts; i)
It
started
functioning
without
the
Chancellor whose appointment has not
been approved by the Visitor, and ii) it
functioned in gross violation of the
standards and norms set by the University
Grants Commission and other regulatory
bodies, CMJU Act 2009, and Meghalaya
Private
Universities
(Regulations
of
Establishment
and
Maintenance
of
Standards) Act 2012. This is even more
serious an offence; it constitutes a breach of
trust in addition. Even with the legally
appointed Chancellor no university can be
allowed to function with such fraudulent
intent
and
vitiate
the
academic
environment, disgrace the institution of
higher learning and bring disrepute to the
state where it is established.

6. On the basis of facts and
circumstances available it is concluded that
the university committed the following
grave irregularities:

i) The University functioned from
17/10/2010
with
the
self-
appointed
Chancellor without the approval of the
Visitor in terms of Section 14(1) of the
CMJ
University
Act,
2009
on
the
presumption of "deemed approval" of the
Visitor. This is not legally valid and the
position has been affirmed by the order
dated 16th May, 2013 of the Hon'ble High
Court of Meghalaya which has further been
upheld by the Division Bench of the
Hon'ble High Court of Meghalaya in their
order dated 31st May, 2013.

(ii) It awarded B.Ed degree
through
Distance
Mode
without
the
requisite approval of the regulatory bodies
and without affiliation. The B.Ed degrees
awarded by the CMJ University were held
to be invalid in the eye of Law by the order
dated 24th May, 2013 of the Hon'ble High
Court of Gauhati.

(iii) The Shillong Engineering
and Management College was de-affiliated
by NEHU from academic session 20112012. This College, which was in existence
prior to the sanction for establishment of
the CMJ University, cannot be affiliated
with the CMJ University. While the fate of
the students of this College was already
uncertain in view of the said deaffiliation,
the College continued to make admissions
by misleading the students that the degrees
will be issued by the CMJ University.

iv) The University had reported
that during 2012-2013 it had awarded PhD
degrees to 434 students and enrolled
another 490 students. These figures though
extraordinarily high do not reflect the
correct position. Information is available
with us that another 29 students have also
received PhD degree from the University
and more information is coming on a daily
basis. So it is obvious that the actual
number of award of and enrolment for,
PhD and other programs will be much
higher than was reported. The University
awarded PhD even in subjects like the
Bodo and Punjabi languages where the
guides/faculty are not easily available.
These constitute gross abuse of the
university's power and violation of the
UGC (Minimum Standards and Procedure
for Awards of M.Phil/ Ph.D Degree)
Regulation, 2009.

v) The University furnished a list
of 10 faculty members with PhD which is
inaccurate. One of the faculty members is
only a research scholar at NEHU. The list
includes the Vice- Chancellor, Registrar
and other functionaries of the University as
faculty which is quite misleading. In fact
the University does not have adequate
teachers to introduce courses which it had
been doing.
4 All. Suneel Kumar & Anr. Vs. State of U.P. & Anr.
253

vi) The University is running
several
off
campus
centres
outside
Meghalaya which is not permissible under
the
UGC
(Establishment
of
and
Maintenance of Standards of Private
University) Regulations, 2003 and the
decision of the Hon'ble Supreme Court
(2005) in the case of Prof. Yashpal & Anr.
Versus State of Chhattisgarh & Ors.

vii)
It
is
offering
distance
education
programme
outside
the
boundaries of Meghalaya and outside India.
These actions are in gross violation of UGC
Regulations and guidelines.

viii) Total students enrolled by
CMJ
University
as
per
information
submitted by the University in 201011:176, 2011-12: 469, 2012-13: 2734. All
these admissions are illegal as all its actions
are db initio void in absence of a legally
appointed Chancellor.

x) The University has violated
Section 45(3) and Section 46(4) of the CMJ
University Act, 2009 by not submitting the
Annual Report and the Annual Accounts /
Balance Sheet and the Audit Report to
Visitor.

xi) Even after the initiation of
actions by the Visitor the University
continued to mislead the students and public
by press statements. It issued a news paper
advertisement in the Shillong Times on 22nd
April, 2013 claiming it has not yet awarded
any PhD degree to any of the students
enrolled from the State of Assam which is
false. Again it issued advertisement in
newspaper on 2nd May and 16th May, 2013
in matters of holding Convocation and
Award of PhD Degree knowing full well that
there can be no Convocation without the
legally appointed Chancellor and that the
admissions of the courses and award of the
degrees were illegal.

x) The University has violated
Section 41(1) of the CMJ University Act
relating to establishment of Endowment
Fund
and
indulged
in
cheating
by
withdrawing the deposit of Rs.210 lakhs
within days of making the deposit.

xi) The University repeatedly
acted in contravention of Section 52 of the
CMJ University Act 2009 in respect of
maintenance of standards and other related
matters applicable to private universities.

7. All these established facts
clearly indicate mismanagement, maladministration, indiscipline and failure in
the accomplishment of the objectives of the
University, apart from criminal liability. In
the interest of maintaining proper standards
of higher education it would be desirable
that the CMJ University be wound up. The
state government is accordingly being
addressed to consider Dissolution of the
CMJ University in terms of Section 48 of
the CMJ University Act, 2009."

(emphasis supplied)

In terms of the recommendations
made by the Visitor-cum- Governor, the
State Government is required to take action
under Section 48of the 2009 Act.

Shri Ranjan Mukherjee, learned
counsel appearing for the Government of
Meghalaya says that he is not in a position
to make a statement whether the State
Government has taken action in furtherance
of the recommendations made by the
Visitor-cum- Governor.

In view of the above, we feel that
ends of justice will be served by directing
the
State
Government
to
take
an
appropriate action under Section 48 of the
2009 Act after giving notice and reasonable
opportunity of hearing to the petitioners.

The special leave petitions are
accordingly disposed of with a direction
that within three months from today the
State Government shall, after giving an
opportunity to the petitioners to show cause
254 INDIAN LAW REPORTS ALLAHABAD SERIES
against the action proposed to be taken,
pass a speaking order under Section 48 of
the 2009 Act.

The students whose admissions
and degrees were declared illegal may also
make
representation
to
the
State
Government and seek an opportunity of
hearing from it. The request made by them
shall be sympathetically considered by the
State Government."

6. Pursuant to the direction issued by
the Hon'ble Apex Court, as well as
direction made in Special Appeal No. 154
of
2014,
petitioners
filed
their
representations on 18.3.2014 in the office
of
Director
Higher
and
Technical
Education,
Meghalaya
at
Shilong
whereupon, the petitioners were directed to
appear
in
person
on
23.3.2014,
in
compliance of the said direction, the
petitioners were appeared before the
authority concerned but no decision was
communicated to the petitioners by the
Director Higher and Technical Education,
Meghalaya at Shilong.

7. In the meantime, Writ(c) No. 177 of
2014 was filed by the CMJ Foundation along
with the CMJ University in High Court of
Meghalaya on the ground that Mehgalaya
Legislative Assembly enacted the CMJ
University Act, 2009 (Act No.4 of 2009) to
establish and incorporate an University in the
State, with emphasis on providing high
quality and industry-relevant education in the
areas of Physical Sciences, Life Sciences,
Technology,
Medical
Science
and
Paramedical,
Management,
Finance
&
Accounting,
Commerce,
Humanities,
Languages & Communication, applied and
Performing Arts, Education, Law Social
Science and related areas sponsored by CMJ
Foundation and to provide for matters
connected therewith or incidental thereto.

8. As the questions call for the
decision in the said writ petition are to be
decided taking into consideration of the
provisions of CMJ University Act, 2009
(for short 'Act' 2009') which was decided
finally by the High Court of Meghayala
vide order dated 16.7.2015 with the
direction
to
the
State
Government,
Meghalaya
to
take
steps
in
strict
compliance with the provisions of the Act,
2009, Meghalaya Private Universities,
Regulation
of
Establishment
and
Maintenance of Standards) Act, 2012 (Act
No. 8 of 2012), principles of natural justice
and the concept of obligation of the
administrative authorities to act fairly in
interest of justice from the stage of Hon'ble
Apex Court.

The relevant paragraph nos. 29 to
31 are quoted as under:-

"29.For
the
foregoing
discussions, this Court is of the considered
view that there was non-compliance with or
breach of the fundamental procedural
requirements as provided under Section 48
of the said Act of 2009 as well as principles
of natural justice and the concept of the
obligation of the administrative authorities
to act fairly in issuing the show cause
notices dated 12.11.2013 and 24.01.2014
and passing the impugned order dated
31.03.2014 which would lead to many
facets injustice. Thus, the impugned order
dated 31.03.2014 and the show cause
notices dated 11.12.2013 and 24.01.2014
are hereby quashed and set aside.

30. In the result, the State Govt.
may take steps in strict compliance with the
provisions of the CMJ University Act, 2009
(Act 4 of 2009), the Meghalaya Private
Universities (Regulation of Establishment
and Maintenance of Standards) Act, 2012
(Act No.8 of 2012), principles of natural
justice and the concept of the obligation of
4 All. Suneel Kumar & Anr. Vs. State of U.P. & Anr.
255
the administrative authorities to act fairly in
interest of justice from the stage where the
Apex Court passed the said judgment and
order dated 13.09.2013.

31. Writ petition is allowed to the
extent indicated above."

9. Subsequently, vide notification
16th October of 2019, the CMJ University
Amendment Act, 2019 (Act No. 14 of
2019) was passed by the Meghalaya
Legislative Assembly which received the
assent of the Governor on 9th October,
2019 published in Gazette of Meghalaya
Extraordinary Issue dated 16th October,
2019 whereby, the amendment of Section
48 was made by inserting the following
provisions. The Amendment of Section 48
is quoted as under:-

"Provided if the University is
dissolved at the instance of the Sponsor as
provided
in
sub-section
(1),
making
arrangement for the affected students of the
University, until the last batch of regular
courses of studies of University are
completed, shall be the responsibility of the
University in consultation with the UGC,
AICTE and other Regulatory Bodies"

10. After the judmgnet of Meghayala
High Court dated 16.7.2015 passed in Writ(c)
No. 177 of 2014 as well as amendment in
Section 48 of Amendment Act 2019, the
CMJ University informed the petitioners, the
petitioner no. 2 under the RTI Act, 2005 to
the effect that the students named Desh
Deepak Registration No. 10111010119125
and
Sunil
Kumar,
Registration
No.
10111010119126 of Bachelor of Arts Degree
has
completed
their
verification
and
therefore, the verification of both the students
are complete according to the records of the
University and the Degree of both the
aforesaid students are valid.

11. The information supplied in this
regard vide letter dated 2.5.2022 is quoted
as under:-

"Date- 02.05.2022

Subject: Information under RTI
Act 2005.

with reference to the letter cited
above, we would like to inform you that,
the university was closed by an impugned
office order of Government of Meghalaya
dated
31.03.2014
Subsequently.
The
Meghalay High Court vide WPC No.
177/2014 has quashed and set aside, the
office order dated aside, the office order
dated 31.03.2014 After the University
reopened in November 2015, Student
verification process started with orginal
documents due to the official documents
seized by the Govt. of Meghalaya. As per
the record, the Student named Desh Deepak
Registration No. 10111010119125 and
Suneel
Kumar
Registration
No.
10111010119126 of Bechelor of Arts
Degree , has completed their verification,
therefore, the verification of both the above
student is compete according to the records
of the university and the degree of both the
above students is valid."

12. In view of the aforesaid, the B.A.
Degrees obtained by the petitioners from
the CMJ University, Meghalaya are valid in
view of the judgment of Meghalaya High
Court passed in Writ (c) No. 177 of 2014
and Amendment in Section 48 vide
Amendment dated 16th October, 2019.

13. In the facts and circumstances, the
Degrees obtained by the petitioners from
the CMJ University, Meghalaya in the year
-2012 are treated to be valid one.

14. Accordingly, the writ petition is
allowed with the direction to the State
256 INDIAN LAW REPORTS ALLAHABAD SERIES
Government of U.P. to continue the
petitioners
with
the
B.T.C.
Training
Course- 2012, if the same is surviving.
----------
(2023) 4 ILRA 256
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 15.03.2023

BEFORE

THE HON'BLE RAJIV JOSHI, J.

Writ-A No. 38165 of 2011

Sushil Kumar Bajpai ...Petitioner
Versus
Union of India & Ors. ...Respondents

Counsel for the Petitioner:
Sri Satya Prakash Pandey, Sri Rajeev
Trivedi, Sri Shashi Kant Shukla

Counsel for the Respondents:
A.S.G.I., C.S.C. (2011/33987), Sri Praveen
Shukla, Sri Saumitra Singh

A. Civil Law - Public Accountant Default
Act, 1850-Sections 2 & 4-Central Civil
Services (Conduct) Rules, 1964-Rules
3(I)(ii)-Central
Civil
Services
(Classification,
Control
and
Appeal)
Rules, 1965-Rules 14 & 16-Recovery of
amount-the petitioner had given a cash
advance of Rs. 8,01,000 even without
taking any initial of Assistant Post
Master-At relevant time petitioner was
working as Postal Assistant-He is not a
public accountant as defined in section 2
of
the
Act
of
1850-Proceeding
of
recovery cannot be initiated against
petitioner unless and until a liability to
that effect of the loss of Government
amount is fixed upon him-Act of 1850
also has been repealed by Central
Government on 02.09.2019-Impugned
order quashed.(Para 1 to 27)

The petition is allowed. (E-6)

List of Cases cited:
1. Smt. Madhubala Bharti Vs St. of U.P. & ors.,
W.P. No. 40574 of 2001

2. Girija Dayal Srivastava Vs St. of U.P. (1987)
UPLBEC 1121
(Delivered by Hon'ble Rajiv Joshi, J.)

1. Heard Shri Shashi Kant Shukla,
learned Counsel for the petitioner and Shri
Saumitra Singh, Senior Panel Counsel for
Union of India/respondents.

2. The instant writ petition under
Article 226 of the Constitution of India has
been filed against the impugned order dated
06.05.2011 passed by the respondent no.4,
Chief Post Master, Kanpur, District Kanpur
Nagar whereby a sum of Rs.7,57,500/- has
been directed to be recovered from the
petitioner as an arrears of land revenue in
exercise of power under Public Accountant
Default Act, 1850.

3. It reflects from the record that the
petitioner joined on the post of Postal
Assistant at Head Post Office, Banda on
24.09.1983.
Subsequently,
he
was
transferred to Kanpur on the same post. On
17.03.2003 while he was performing his
duties as Postal Assistant in the office of
Treasurer, a loss of Rs.8,00,000/- occurred
in the department due to the irresponsibility
committed by one Shailendra Kumar Dixit,
who was working at that time as Postal
Assistant N.S.C., Discharge Counter, Head
Post Office, Kanpur Nagar.

4. A first information report was
lodged
against
unknown
persons
on
17.03.2003, thereafter, the departmental
proceeding
was
initiated
against
the
petitioner and he was served with a chargesheet
on
18.07.2003
issued
by
the
respondent no.4 with the allegation that the
petitioner has given a cash advance of