HARYANA STATE FEDERATION OF CONSUMERS COOPERATIVE WHOLESALE STORE LTD THROUGH ITS MANAGING DIRECTOR AND ANR Vs. COMMISSIONER AND SECRETARY TO GOVT HARYANA, DEPARTMENT OF COOPERATION AND ANR

JUDGEMENT

(1.) The two writ petitions arise out of the same order passed by the Commissioner and Secretary to the Government of Haryana as an Appellate Authority in the Cooperation Department when an order of punishment of dismissal made by the Managing Director, who was the Disciplinary Authority, was modified and it was converted as one of the stoppage of two increments and denying to the petitioner only the wages during the period of suspension and directing reinstatement in service. The management has filed C.W.P. No. 13126 of 1993 challenging the order of the Commissioner and seeking for restoration of the punishment awarded by the Disciplinary Authority. The employee has filed C.W.P. No. 14605 of 1993 challenging the direction of disallowing to the petitioner the salary during the suspension period and imposing stoppage of increments for two years. The reference to the petitioner and the respondent shall be as regards the status of the employee and the management respectively.

(2.) The charge against the petitioner is that he had during his service been guilty of; i) dishonesty (black-marketing of Rape Seed Oil) and ii), negligence in the performance of his duties and acting prejudicially to the interest of the store to cause serious losses. The specific acts that gave rise to the charge-sheet were that the petitioner, while working as a District Manager, CONFED at Rohtak transferred 7 trucks of Rape Seed Oil (RSO), which had been consigned from Karnal to Rohtak and diverting the delivery at Bahadurgarh during the period of November 1986 to February 1987. The indents of RSO referred to above had been issued in favour of CONFED DO, Rohtak but instead of lifting the stocks for the District Office at Rohtak, he had transferred all the products to Bahadurgarh. The imputation was that it had been so done to sell them at black market and make profits. This apart, the other charge was that the petitioner had taken part in the election campaign in Mundal Khurd Constituency in the election held to the Haryana Vidhan Sabha in 1987. The further contention was that he purchased basen, sugar and atta at higher rate in the year 1985 for supply to Panjiri Plant, Gurgaon and caused financial loss to the extent of Rs. 45,570/-. He had been held guilty only for the first charge and no specific finding regarding the other charges had been rendered as proved. The Enquiry Officer's report was confirmed by the Disciplinary Authority, who inflicted on him a punishment of dismissal from service.

(3.) In appeal to the Commissioner, he held that the petitioner had not committed any fraud, earned any black money or indulged in any malpractice. He accepted the explanation given by the petitioner that RSO was taken to Bahardurgarh only because there was a greater demand from the consumers for this product. This explanation was taken by the Commissioner as a position, which could have been characterized as administrative lapse but did not constitute an adequate ground for dismissal from service. I have not been shown through any specific evidence that the stocks had been sold at a higher price at Bahadurgarh and the petitioner had obtained any personal benefit by indulging in a black market trade. As regards the second charge, the Commissioner had also held that there is no proof of the fact that there had been any political participation in the election.