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2015 (10) TMI 2726 - KARNATAKA HIGH COURTPunishment and penalty imposed on petition - it was alleged that petitioner was responsible for misappropriation of cash and that the petitioner has failed to perform his duties as Drawing and Disbursing Officer (DDO) in terms of Rule 13 of the Central Government Accounts (Receipts of Payments) Rules, 1983 - The contention of the petitioner is that Mr. Simon was an administrative Officer of his equivalent rank, and was involved in similar offence but punishment on Simon is meager as compared to him. Held that:- It is no doubt true that one Mr. Simon was also held responsible for such misappropriation. Separate enquiry was conducted against him and he was also punished Merely because, the lesser punishment is imposed on him, it cannot be said that the Disciplinary Authority ought to have imposed the same punishment on the petitioner also. The punishment depends on the gravity of the proved charge. Since, it is found that the petitioner has not maintained a separate account for non-Government money related to recovery from salary of the staff not verified the daily balance; not recovered cash and as such he did not keep the cash in safe custody on day to day basis, the Disciplinary Authority has rightly concluded that the petitioner is liable for punishment as imposed by it. The Disciplinary Authority has also concluded that Simon being the Cashier, he was also jointly responsible, but the gravity of misconduct committed by the petitioner is on the higher side as compared to Simon's misconduct. Since, we find that the sentence imposed on the petitioner is just and proper and as the said order is rightly confirmed by the central Appellate Tribunal, Bangalore, no interference is called for - petition dismissed.
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