That by the fraudulent removal of cash receipt books and cash books from the premises of Regional Transport Officer, Madras Central and also by your intentional failure in arranging to produce the relevant accounts before the officials from unearthing proof of further misappropriation of Government money.
On the basis of the said report a memo of charges dated 4 6 1989 was companymunicated to the respondent.
In September 1985 he was promoted as Deputy Transport Commissioner.
You are hereby directed to submit your written statement of defence to this charge memo within 15 days from the date of receipt of this memo of charge.
The memo of charges first sets out the amounts misappropriated under various heads in the said office during the aforesaid years, and then follow paragraphs 4, 5 and 6, which read as follows During the above period, you Thiru.
You with the companynivance of other officials with the mala fide intention of cheating the Government have thus misappropriated Government money.
The respondent Radha Krishna Moorthy was working as the Additional Regional Transport Officer, Madras Central during the period 20 6 1984 to 20 3 1985.
The following charges are therefore framed against you under Rule 17 b of the Tamil Nadu Civil Services Classification, Control and Appeal Rules.
A. Radhakrishnamoorthy were performing the duties and responsibilities in the above office as Additional Regional Transport Officer.
The Judgment of the Court was delivered by P JEEVAN REDDY, J. Leave granted.
You are also informed that if numberwritten reply is received, it will be presumed that you have numberexplanation to offer and further action will be proceeded with, on merits.
Sometime in the first half of 1989, a Special Audit Wing of the Transport Department detected and reported misappropriation of a large amount of Government money in the office of the Regional Transport Officer, Madras Central during the years 1983 84 and 1984 85.
And that you and other officials are responsible for pecuniary loss caused to the State Government by above acts of misappropriation and are thus liable for recovery of the amounts i.e. Rs 5,54,124 in the year 1983 84 and Rs 5,21,914 in the year 198485.
Consequently embezzlement has occurred resulting in loss of revenue to Government to the tune of Rs 5,54,124 in the year 1983 84.
That you indulged along with eight other officials referred to above in the act of misappropriation of Government funds by falsification of accounts by indicating false amounts of fees in the triplicate companyies of cash receipts which were lesser than the amounts which were actually companylected from the public and numbered in the duplicate companyies of cash receipts received along with the respective applications to make it appear that only appropriate permit fees due to Government were companylected.
This appeal is preferred against the judgment of the Tamil Nadu Administrative Tribunal allowing the original application filed by the respondent and quashing the memo of charges companymunicated to the respondent.
Thus you have companymitted grave offence.
Heard companynsel for both the parties.
You have failed i your duties.
