GURMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The issue arising for consideration in this case is whether the petitioners can be vicariously held liable to pay the amount embezzled by Peon working in the society of which the petitioners were managing members.

(2.) Teja Singh, Ex.Secretary, and Bansi Lal, Ex.Peon-cumWatchman, allegedly have embezzled total amount of Rs. 11,55,455/- belonging to the Society. They have respectively been fastened with the liability of Rs. 8,20,800/- and Rs. 3,34,655/-. The Ex.Secretary Teja Singh is no more but the liability standing against him has been discharged by his legal heirs. It is the remaining liability imposed on Bansi Lal, Ex.Peon-cum-Watchman, for which the petitioners have been made liable on the ground that they had appointed the said Peon with the Society and this appointment was in violation of the Rules. On this count, the petitioners have been made liable to pay the embezzled amount if it is not realised from Peon Bansi Lal.

(3.) The petitioners, on the other hand, would oppose the liability and would submit that they had unearthed this scam and with their hard labour, they could effect recovery from Teja Singh/his legal heirs but still they have been held liable alongwith Bansi Lal on the ground that they had appointed the said Peon illegally. Even the land of the petitioners has been attached despite the fact that they themselves also stand cheated.