DHARAMDEO PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) At all material times the Central Government was the controlling authority for disposal and distribution of fertilizers. As such, it used to make allotments to the various States. In Bihar, the fertilizers allotted to that State used to be distributed through various depots, which worked under the Bihar State Co-operative Marketing Union (hereinafter referred to as the Union). The appellant and one Rameshwar Singh were, during the period from July 1, 1962 to June 30, 1963, the general manager and watchman respectively at one such depot at Dighwara.

(2.) From out of the allotment made to Bihar, the Union, by its order dated September 22, 1962, directed Sindri Fertilizers to dispatch 72 tons of ammonium sulphate to Dighwara Depot. The appellant, as the manager of that depot, was informed of this order, first by a telegram and then by a letter of confirmation, so that the appellant knew of the order. In accordance with the said order, Sindri Fertilizers dispatched 72 tons of fertilizers by railway under railway receipt No. 989658, dated December 7, 1962 (Ex. 9), and informed the Union of that fact. A copy of the dispatch advice was also forwarded to the appellant. The bill in respect of the consignment was sent to the Union which was paid by the Union.

(3.) On November 11, 1962, (sic 1963) the Union transferred the appellant and directed him to hand over charge of the depot to his successor, wit. Haidri. As the appellant failed to do so and went away locking the depot, the Union had to request the Sub-Divisional Officer, Dighwara to break open the lock and take charge of the depot. It was then only that the appellant started from May 13, 1964 and onwards handing over charge to Haidri. Even then he did not completely hand over the charge. In the meantime the Union had asked several depots, including Dighwara Depot, to send particulars of consignments received by them during the year 1962-63. This was for the purposes of the Union's annual accounting. The appellant failed to send the particulars in spite of repeated reminders from September 5, 1963 to June 22, 1964. At last, on November 11, 1964 the appellant was suspended from service on the charge of insubordination.