JAGDISH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos.1. Shri Ravindra Singh appears for respondent nos. 2, 3 and 4.

(2.) By means of present writ petition, the petitioner has prayed for quashing the impugned order dated 27.2.2004 passed by the Cane Commissioner, U.P. Lucknow-respondent no.2. He has further prayed for direction commanding the respondents not to recover any amount from him in pursuance of the impugned order dated 27.2.2004 and to reinstate him in service forthwith.

(3.) Brief facts giving rise to the present writ petition are that the petitioner was initially appointed as Cane Supervisor in the year 1970. Thereafter, he was promoted as Cane Development Inspector in the year 1973. By the order of Deputy Cane Commissioner, Gorakhpur dated 27.7.1990, he was transferred from Gorakhpur to Padrauna and in compliance of the aforesaid transfer order, he joined at Padrauna on 09.8.1990. He also worked as Secretary, Cooperative Cane Development Union, Padrauna. He submitted an inspection report dated 12.9.1990 to the concerned authorities. In para-11 of the said report, the petitioner stated that only one set of key was available, which was with the custody of Cashier and second set of key was not available. He also reported to the District Cane Officer, Padrauna and the Administrator vide letter dated 14.11.1990 that full charge of the Secretary was not given to him by the then Secretary. When he joined at Padraun, he came to know that difference of cane prices in tune of Rs. 28 lacs was lying unpaid for which the cane growers were raising demands continuously and the State Government issued instructions to the department for ensuring payment of the cane prices to the cane growers. The payment was already made by the sugar mill to the department, which was to be distributed to the cane growers. On 26.12.2990 the petitioner published a programme of payment beginning from 31st December, 1990 at 10 AM. The petitioner issued a cheque of Rs.4,50,000/- in the name of Cashier for withdrawing the said amount from the bank for payment of cane price to cane growers. The said amount was withdrawn by the Head Cashier on the same day on 29.12.1990 and put the entire amount in the safe of the union. The petitioner deputed Shri Samsuddin, armed guard and the peons for safety of the amount. A robbery was committed by the unknown persons by breaking the doors of room and the safe and the entire amount was looted on 29.12.1990 i.e. Saturday night itself.