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PETITIONER: MANGLA GIRI

       Vs.

RESPONDENT: REGIONAL ADMINISTRATIVE COMMITTEE VARANASI & ANR.

DATE OF JUDGMENT:       11/10/1996

BENCH: K. RAMASWAMY, G.B. PATTANIK

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Delay condoned.      The charge  against  the  petitioner  is  that  as  per special Audit  for 1981-82,  he  defalcated  a  sum  of  Rs. 18,970.85 in  General  Distribution  System,  Rs.  20,789.50 under Cash  and   carry programme  and had shown shortage of four quintals  of sugar  worth amount Rs. 1530/- and 80 Kgs. of sugar  worth amount  Rs. 308/-  and as  per special Audit report of 1982-83, for a further amount of Rs. 23,746.00. An opportunity was  given to  the petitioner  to make  good the loss. But  he did  not deposit  the money.  Consequently, an order of  his removal  from service  came to  be passed  but reasons for  the same  were no  assigned. He filed an appeal before the Regional Administrative Committee which dismissed the same.  When  the  petitioner  filed  with  petition  No. 31643/90 the  Higher Court in the impinged order dated April 17, 1996  dismissed the  writ petition.  Thus, this  special leave petition.      A contention  has been raised by the petitioner that he has not  been given  an opportunity to defend and except for the  year   1991,  no   direction  was  given  earlier  and, therefore, he was denied of reasonable opportunity to defend himself resulting  in violation  of natural justice. We find no force  in the  contention. When  the petitioner was given opportunity to make good the loss and he did not deposit the same, it  is too  difficult to  believe that  the locker was opened in  his absence  and the amount was taken by somebody in his  absence when he was on leave due to medical grounds. The theory  now set  up too  fantastic to be believed. Under those circumstances,  we do  not find  any illegality in the order passed by the High Court warranting interference.      The special leave petition is accordingly dismissed.