Secretary to the Panchayat Rajs v. Mohd. Ikramuddin
1994-03-17
KULDIP SINGH, S.P.BHARUCHA
body1994
DigiLaw.ai
ORDER Mohd. Ikramuddin, respondent in the appeal herein, was working as Manager-cum-Chief Accountant in the Panchayat Samiti, Venkatapuram. He was dismissed from service on various charges including misappropriating the Panchayat Samitis fund. He challenged the order of dismissal before the Andhra Pradesh Administrative Tribunal. The Tribunal found that the enquiry as required under the rules was not held in respect of the charges, show cause notice issued to the respondent was biased and the documents asked for by the respondent were not supplied to him. The Tribunal also found that the respondent was acquitted by the criminal court on one of the charges. On these findings, the Tribunal set aside the dismissal and directed the reinstatement of the respondent This appeal by way of special leave is against the judgment of the Tribunal. 2. We have heard Mr. Gururaja Rao, learned counsel appearing for the respondent One of the charges against the respondent was that he misappropriated a sum of Rs. 4265 out of the total amount of Ps. 8173 received by him from the Sub-Collector, Bhadrachalam, for disbursement as scholarships to the tribal students. In reply to the charge submitted by the respondent he stated as under. "With reference to the letter cited, I submit that an amount of Rs. 8173 was received by me from the Sub-Collectors office Bhadrachalam, towards the disbursement of scholarships to the Scheduled Tribe pupils in Vara Ratnachandrapuram Samithi schools as per the instructions of the then Block Development Officer, Vara Ramachandrapuram. Out of the amount of Rs. 8173 (Rupees eight thousand and one hundred seventy three only) an amount of Rs. 4207.40 was paid to Shri P. Kameswara Rao, Extension Officer, (Education) Panchayat Samithi, Vara Ramachandrapuram for disbursement But actually he disbursed an amount of Rs. 3808.00 and kept the remaining balance of Rs. 399.40 with him un disbursed. I submit that the following advances were given to the under mentioned staff under the instructions of Shri A.N.V. Ramana Rao, Block Development Officer, out of the amount of Rs. 3965.60 left balance undisbursed. The amount was advanced for the arrangement in connection with the visit of Honble Minister, Shri Bhattam Srirama Murty, Minister for Tribal Welfare in March 1974. 1. Shri P.Kameswara Rao, E.O. (Edu) Rs. 381.00 2. Shir Syed Ahmed Vety, Compounder Rs. 325.00 3. Shir J. Parabhakar Rao, Sr. Accountant Rs. 800.00 4. Shri Venkateswar Rao, E.O. (Coop) Rs.198.00 5.
The amount was advanced for the arrangement in connection with the visit of Honble Minister, Shri Bhattam Srirama Murty, Minister for Tribal Welfare in March 1974. 1. Shri P.Kameswara Rao, E.O. (Edu) Rs. 381.00 2. Shir Syed Ahmed Vety, Compounder Rs. 325.00 3. Shir J. Parabhakar Rao, Sr. Accountant Rs. 800.00 4. Shri Venkateswar Rao, E.O. (Coop) Rs.198.00 5. Shri Premchand, A.A.O. Rs.30.00 6. Shir G. Ram Gopalrao, V.D.O., Kunavaram Rs.52.00 7. Shri Mohd. Sarfaraz, Jeep Driver Rs.134.00 Total Rs. 1920.00 (The receipts of the above individuals are with Sub- Collector, Bhadrachalam). Further an amount of Rs. 945.05 was also spent in this connection. This entire expenditure was incurred under the personal orders of Shri A.N.V. Ramana Rao, the then Block Development Officer, V.R. Puram. The balance amount left with me Rs. 1100 has been handed over to the Extension Officer (Education) Shri P. Kameswara Rao. In the meanwhile an amount of Rs. 800.60 is recouped from the staff against the advances given to them, which was kept with Senior Accountant which has also been handed over to the Extension Officer (Education) under the instructions of the present Block Development Officer. Thus a total amount of Rs. 1900.60 is handed over to Shri P. Kameswara Rao, Extension Officer (Edn.) on 15-9-1975 an addition to the amount already advanced, to him (Rs. 399.40 + 1100.00 + 800.00 = 2300). A receipt for Rs. 2300 has been issued to me by the Extension Officer (Edn.) Shri P. Kameswara Rao, on 15-9-1975. The total amount so far advanced to Shri P. Kameswara Rao, Extension Officer (Edn.) is Rs. 4207.40+1900.60 = 6108.00. Further an amount of Rs. 2065.00 has also to be recouped from the staff against the advance and other arrangements made in connection with the visit of the Honble Minister for Tribal Welfare, Government of Andhra Pradesh." 3. The above-quoted reply of the respondent is an admission in clear terms mat he advanced a sum of Rs. 3965.60 for the arrangement in respect of the visit of a Minister. It is surprising how can an official entrusted with the money for the disbursement of scholarships to tribal students expend the same in welcoming a visiting Minister. We are of the view that the charge against the respondent is proved on his own admission. No further enquiry of any type is necessary under law.
It is surprising how can an official entrusted with the money for the disbursement of scholarships to tribal students expend the same in welcoming a visiting Minister. We are of the view that the charge against the respondent is proved on his own admission. No further enquiry of any type is necessary under law. Even if it is assumed that the money was spent by the respondent under the directions of the Block Development Officer that cannot be a defence to the charge served on the respondent. This is one instance where the government money meant for a noble purpose was spent for an ignoble purpose. 4. It is not necessary for us to deal with any other finding reached by the High Court because we are of the view that the charge of misappropriating and misusing the government funds is proved against the respondent on his own admission. This alone is sufficient to warrant the dismissal of the respondent from the service. We, therefore, allow the appeal, set aside the impugned-judgment of the Tribunal and uphold the dismissal of the respondent from service. No costs. Appeal allowed. For Citation: 1995 (8) Serv LR 816 (SC)