MATIVAR SINGH Vs. SECRETARY (AGRICULTURE)

JUDGEMENT

(1.) The petitioner Mativar Singh, was punished vide order dated 27.04.2001 pursuant to the departmental enquiry initiated after eleven years, for theft of official vehicle (jeep) allotted to him in his official capacity.

(2.) Brief facts leading to the present writ petition are that one official vehicle No. UMV 2687 was allotted to the petitioner in his official capacity of Sub Divisional Agriculture Extension Officer, Azamgarh with official driver. Since there was no 'Garage' in the campus of office, the driver used to park the said vehicle in front of office. An office clerk namely Sri Bhairo Prasad and a Chowkidar Sri Chandrabali Yadav as well as the jeep driver Bhuneshwar Kant used to reside in office. Keys of the said jeep were kept by the Jeep Driver Bhuneshwar Kant.

(3.) The petitioner contends that he fell sick during official tour on 23.3.1989, therefore, he went on leave for 24.03.1988 with oral permission of Deputy Director of Agriculture. The said official vehicle was stolen during the night of 24/25-03-1988 when petitioner was neither present in the office nor at his residence situate at Lalganj Bazar, Azamgarh as he had gone out to Varanasi for treatment. But Senior Clerk Bhairo Prasad, Driver of the jeep Bhuvneshwar Kant and Chowkidar Chandrabali Yadav were present in the office campus and that the Chowkidar was specifically responsible for guarding the office campus and its properties including stolen vehicle (jeep). A report was lodged at Police Station Lalganj, Azamgarh. As the Investigating Officer failed to decipher the case, the Circle Officer, Lalganj entrusted the investigation to another police Officer. Even the new Investigating Officer could not succeed in either recovering the said stolen vehicle or tracing the thief. Ultimately, the investigation was closed and the final report was submitted.