PURUSHOTTAM Vs. DIVISIONAL COMMISSIONER, NAGPUR REGION

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This petition challenges a disciplinary action of compulsory retirement taken by the Chief Executive Officer of Zilla Parishad, Chandrapur against the petitioner, who was working as a tracer in Panchayat Samiti, Chimur.

(3.) The charge against the petitioner was that whilst the receipt and disposal of cement at the Godown of Panchayat Samiti, Chimur was entrusted with the petitioner, upon stock taken on 7th May, 2002 and 8th May, 2002, the quantity of cement was found to be less by 30 bags. According to the stock book as of 7th May, 2002, there was stock of 2465 bags of cement at Panchayat Samiti, Chimur but on physical counting of the stock only 2435 bags of cement were found. The explanation furnished by the petitioner, in this behalf, was found to be unacceptable, indicating misappropriation of cement bags. The second charge was that on 18th April, 2002 there was an entry of allotment of 200 bags of cement to Secretary, Gram Panchayat, Chimur but there was no signature of the recipient on the receipt. So also, on the same day, there was another entry of allotment of 100 bags of cement to the Secretary, Gram Panchayat, Khadsangi Sonegaon (Forest) but even here there was no signature of the recipient. Gram Panchayat, Chimur had given a statement that they had received 196 bags as against 200 bags of cement said to have been allotted to them, whereas Gram Panchayat, Khadsangi Sonegaon (Forest) had indicated that they had received only 95 out of 100 bags of cement said to have been delivered to them. Accordingly, there was deficiency of 14 cement bags. The third charge was a combination of the first two charges, namely, for recovery 44 bags of cement at twice the market rate. The fourth charge was insubordination offered to Superior Officers. It was claimed that though the petitioner was instructed clearly that cement issued to any Gram Panchayat was to be delivered to the Secretary of the Gram Panchayat, 50 bags of cement were issued to Gram Panchayat, Hiwra without taking the signature of its Secretary and taking simply a thumb impression of the recipient. A chargesheet was duly issued in this behalf by the Chief Executive Officer. In pursuance of the chargesheet, an enquiry was conducted by the Special Enquiry Officer, namely, Assistant Commissioner (Enquiry), Nagpur Division, Nagpur. Nine witnesses were examined on behalf of the Zilla Parishad. The written statement/deposition of the petitioner recorded before the Executive Engineer was also taken into account. The enquiry officer, after taking into account the charges, the explanation of the delinquent employee and the evidence led before him, held the charge of misappropriation of 30 bags of cement as also deficiency in issue of cement by 14 bags as proved. Since the third charge was based on a combination of the first two charges, it was also held to be proved. As far as, the incident concerning Gram Panchayat, Hiwra was concerned (part of the fourth charge), the enquiry officer held that it was not possible to draw any inference in this behalf. Based on the report of the enquiry officer, a show cause notice was issued by the Chief Executive Officer of the Zilla Parishad to the petitioner for disciplinary action on the ground of proven charges. After considering the explanation of the petitioner, the Chief Executive Officer awarded the punishment of compulsory retirement. This order was carried in appeal by the petitioner before the Divisional Commissioner, Nagpur. The Divisional Commissioner by his order dated 17th February, 2004 rejected the appeal. Hence, the present petition.