1997 (3) TMI 604

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....earned counsel on both sides. This appeal by special leave arises form the judgment of the Division Bench, made on September 12, 1996 in L.P.A.No.215/1979 by the Delhi High Court. While the respondent was working as a cash clerk in Delhi Milk Scheme, temporary Mis-appropriation of the funds on more than one occasion was discovered. When misappropriation of Rs. 17,744,91 on April 2,1972 was r....

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.... Cash Clerk is one of confidence and responsibility. Even if the incidents averred against the petitioner were not proved, they were such, as to lead a prudent employer to terminate the services of the employer to terminate the services of the employee on the ground of his, not being desirable. The order of termination was passed, as noticed above, one year after the criminal case had started and ....

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.... by mentioning (under suspension). Rule 5(1) of the central civil services (Temporary service) Rules, 1965 was exercise with stigma attached in the order. The order does indicate that he was under suspension. It postulates that it was by way of a misconduct and thereby without conducting the enquiry, the termination of the service of the respondent was illegal. Consequently, instead of reinstating....

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....ension. It is only a way of describing him a being under suspension when the order came to be passed but that does not constitute any stigma. Mere acquittal of Government employee does not automatically entitle the Government employe does not automatically entitle the Government servant to reinstatement. As stated earlier, it would be open to the appropriate competent authority to take a decision ....