SURINDER SINGH BAINS Vs. PUNJAB STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED AND ANOTHER

JUDGEMENT

(1.) The instant appeal under Clause X of the Letters Patent by an unsuccessful appellant is directed against the judgment dated 02.02.2011 rendered by the learned Single Judge holding that the writ petition filed by the appellant suffered from inordinate delay and laches, therefore, it was liable to be dismissed on that score alone. It has further been concluded that the observations, if any, made by the Arbitrator in the subsequent recovery proceedings have no bearing on the conclusions drawn in the domestic enquiry conducted against the petitioner in accordance with the principles of natural justice. The factum of delay in challenging the order of his dismissal dated 05.05.1982, which was upheld in appeal vide order dated 01.09.1982 as well as in revision vide order dated 04.01.1984.

(2.) Brief facts of the case are that the petitioner joined the Punjab State Cooperative Supply & Marketing Federation Ltd. (for brevity 'the respondent- Markfed) as Branch Officer. He was served with a charge-sheet dated 02.08.1980, inter alia, alleging that he sold in excess 340 bags of wheat in connivance with other officials. The appellant denied the allegations and then respondent proceeded to hold a regular departmental enquiry. The enquiry officer held the appellant guilty and the competent authority accepted those findings. Accordingly, the appellant was dismissed from service vide order dated 05.05.1982 (P-2), which has been upheld in appeal and revision vide orders dated 01.09.1982 and 04.01.1984 respectively. The aforesaid three orders i.e. order dated 05.05.1982 passed by the Managing Director and the order dated 01.09.1982 passed by the appellate authority and the order dated 04.01.1984 passed by the revisional authority were not challenged by the appellant before any court of law and those orders have attained finality.

(3.) It is appropriate to notice that recovery proceeding were initiated against the appellant under the Punjab Cooperative Societies Act, 1961 (for brevity 'the Act') for the shortage of 120 bags of wheat. The Arbitrator found him responsible for the loss but on an appeal, the matter was remanded and the Arbitrator vide his subsequent award dated 31.03. 2003 (P4) found that the appellant was not responsible for the shortage of the wheat bags. On that basis the appellant asserted that he has been exonerated of the charges and requested for reinstatement in service. The request made by the appellant has been declined by the competent authority vide order dated 24.01.2006 (P-6). The appellant approached this Court by filing the writ petition under Article 226 of the Constitution, which has been dismissed by the impugned judgment dated 02.02.2011 rendered by the learned Single Judge. The view of the learned Single Judge is discernible from the penultimate para which reads thus :-