LAWS(GJH)-2007-3-174

CHANDRAKANT RANCHHODLAL SUTHAR Vs. STATE OF GUJARAT

Decided On March 19, 2007
Chandrakant Ranchhodlal Suthar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) BY filing this petition, the petitioner has challenged order dated 20.08.1990 passed by respondent No.2, Annexure 'A', by which the respondent No. 2 Corporation has decided to recover Rs.7303/ - from the petitioner being 40% of the total loss of Rs.18,257 -05 suffered by the Corporation.

(2.) AT the relevant time, the petitioner was serving as Assistant Engineer with respondent No.2, Gujarat Water Resources Development Corporation. The petitioner was issued charge sheet, the description of which is given at page 21 of the compilation of the petition. As per the same, during the period between 12.05.1986 to 24.05.1986, on Mr. M.A. Chauhan, Additional Assistant Engineer had gone to Calcutta and at that time, boxes of gun metal on which the signature of the said Mr. Chauhan were applied, were in the custody of the petitioner. When Mr. Chauhan came back it was found that the boxes were opened and thereafter resealed on which the signature of the petitioner were applied. It is alleged against the petitioner that he has never informed about the fact of opening and re -sealing of the gun metal box to Mr. Chauhan when he returned, and therefore, said Mr. Chauhan had not taken any action to ascertain the same physically. Later on, on physical verification, the quantity of gun metal was found to be less and the petitioner was called upon to explain the same.

(3.) AFTER considering the explanation of the petitioner, ultimately it was found that the version of the petitioner is not correct and accordingly the aforesaid proportionate amount was ordered to be recovered from the petitioner.