Bombay High Court Upholds Dismissal of Cashier in Misappropriation Case — Inquiry by Competent Authority Valid. Departmental inquiry conducted by duly appointed Adhoc Disciplinary Authority under Notification dated 01.12.2003; charges of misappropriation and forgery of Rs.52,200 proved; dismissal and appellate orders upheld.

High Court: Bombay High Court Bench: GOA In Favour of Prosecution
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Case Note & Summary

The petitioners, heirs and legal representatives of the original petitioner (deceased), filed a writ petition seeking to quash orders dated 24.04.2005 and 06.12.2005, which were the order of dismissal and the order confirming the dismissal in appeal. The original petitioner was a cashier at Government Higher Secondary School, Lyceum, Panaji. She was suspended pending a departmental inquiry, which resulted in her dismissal. The petitioners contended that the inquiry was conducted by an incompetent officer. The respondents produced a Notification dated 01.12.2003 issued by the Additional Director (Vigilance) in the name of the Governor of Goa, appointing the Deputy Director (Adm) Education Department as the Adhoc Disciplinary Authority to conduct the inquiry. This notification was issued pursuant to a Notification dated 24.11.2003 empowering the Additional Director (Vigilance) as Ex-officio Joint Secretary (Vigilance) to issue such notifications. The court found that the authority conducting the inquiry was duly appointed. In the departmental inquiry, five charges were framed against the deceased employee relating to misappropriation and forgery. As a cashier, she made out challans in triplicate for remitting undisbursed dues of teachers and staff to the Government Treasury and misappropriated an amount of Rs.52,200. The court upheld the dismissal and the appellate order, dismissing the petition.

Headnote

A) Service Law - Departmental Inquiry - Competent Authority - Delegation of Powers - The inquiry was conducted by the Deputy Director (Adm) Education Department appointed as Adhoc Disciplinary Authority vide Notification dated 01.12.2003 issued by the Additional Director (Vigilance) as Ex-officio Joint Secretary (Vigilance) under Notification dated 24.11.2003. The court held that the authority was duly appointed and competent to conduct the inquiry. (Paras 2-3)

B) Service Law - Misappropriation and Forgery - Cashier - Charges - The deceased employee, a cashier, was charged with misappropriating Rs.52,200 by making out challans in triplicate for remitting undisbursed dues of teachers and staff to the Government Treasury. The charges were proved in the departmental inquiry. (Para 3)

C) Service Law - Dismissal - Confirmation in Appeal - Judicial Review - The orders of dismissal dated 24.04.2005 and confirmation in appeal dated 06.12.2005 were challenged on the ground of incompetence of the inquiry officer. The court found the inquiry officer competent and upheld the orders. (Paras 1-3)

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Issue of Consideration

Whether the departmental inquiry against the deceased employee was conducted by a competent officer and whether the orders of dismissal and confirmation in appeal are liable to be quashed.

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Final Decision

The petition is dismissed. The orders of dismissal and confirmation in appeal are upheld.

Law Points

  • Competent authority to conduct departmental inquiry
  • Validity of delegation of disciplinary powers
  • Misappropriation and forgery by cashier
  • Scope of judicial review in disciplinary matters
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Case Details

2014 LawText (BOM) (02) 147

WRIT PETITION NO. 65 OF 2006

2014-02-20

Smt. R. S. Dalvi, F. M. Reis

Petitioner no. 1(A) in person, Mr. Vivek Rodrigues, Addl. Government Advocate for the Respondents

Smt. Imelda D' Souza (deceased) through her heirs and legal representatives: Francisco George Vincente de Abreu, Savio Francis D' Souza Abreu, Sonia Jose D' Silva, Kewin Charles Francis D' Souza Abreu

State of Goa, Secretary (Education) and Appellate Authority, Director of Education, Director (Administration), Additional Director (Vigilance)

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Nature of Litigation

Writ petition challenging orders of dismissal and confirmation in appeal in a departmental inquiry.

Remedy Sought

Quashing of orders dated 24.04.2005 and 06.12.2005 (dismissal and appellate order).

Filing Reason

Petitioners claimed the inquiry was conducted by an incompetent officer.

Previous Decisions

Original petitioner was dismissed on 24.04.2005; appeal dismissed on 06.12.2005.

Issues

Whether the departmental inquiry was conducted by a competent officer. Whether the orders of dismissal and confirmation in appeal are liable to be quashed.

Submissions/Arguments

Petitioners argued that the inquiry officer was incompetent. Respondents contended that the inquiry officer was duly appointed vide Notification dated 01.12.2003 issued under Notification dated 24.11.2003.

Ratio Decidendi

The inquiry officer was duly appointed as Adhoc Disciplinary Authority by a competent authority, and thus the departmental inquiry was valid. The charges of misappropriation and forgery were proved, and the dismissal and appellate orders are not liable to be quashed.

Judgment Excerpts

The Petitioners claim that the inquiry has been conducted by an incompetent officer. The Respondents have shown the issue of Notification dated 01.12.2003 by the Additional Director/Vigilance in the name of the Governor of Goa specifying the Deputy Director (Adm) Education Department as the Adhoc Disciplinary Authority to conduct the inquiry against deceased wife of Petitioner no. 1-A. In the departmental inquiry, five separate charges have been framed against the wife of Petitioner no. 1-A. These relate to the misappropriation and forgery committed by her.

Procedural History

Original petitioner was suspended pending departmental inquiry; dismissed on 24.04.2005; appeal dismissed on 06.12.2005; present writ petition filed on behalf of deceased petitioner by her heirs.

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