5. The learned counsel for the petitioner further submits that one memo of charge in Form “Ka” was served upon the petitioner vide memo no. 3206 dated 04.11.2006 wherein 4 charges were alleged against the petitioner. The learned counsel submits that only the first charge would be relevant as the petitioner has been punished only in relation of the 1st charge. The 1st charge was that, some amount has been withdrawn from the fund earmarked for science , Maths kits etc, but the such articles were not purchased till 20.05.2006. The learned counsel submits that in response to all the four charges, the petitioner had filed a detailed reply. With respect to the 1st charge it was clearly stated that as no sufficient funds were available for mid day meal , a collective decision was taken by the Gram Shiksha Samiti in its meeting dated 13.08.2005 to use the fund meant for science , Maths kits etc for the ensuring that Mid-Day Meal is not discontinued and it was also decided that once the amount on account of Mid-Day Meal is received, the same will be adjusted against the aforesaid amount for science , Maths kits etc and the petitioner also explained that an amount of Rs. 9945/- was withdrawn from the fund meant for science, Maths kits etc and was spent on account of meeting the expense of Mid-Day Meal. It was also stated in the reply that subsequently when the new Gram Sabha was formed, a request was made to adjust the amount earlier withdrawn on account of science, Maths kits etc and spent for Mid-Day Meal, but the same was not done.
