RADHEY SHYAM VERMA Vs. FINANCIAL COMMISSIONER & PRINCIPAL SECRETARY TO GOVERNMENT OF HARYANA, FOOD & SUPPLIES DEPARTMENT, HARYANA

JUDGEMENT

(1.) Challenge in this writ petition is to order dated 20.6.2006 (Annexure P-10) passed by the Director, Food and Supplies Department, Haryana, vide which the petitioner has been held jointly responsible for the loss caused to the Government amounting to Rs. 13,58,286.57 and holding him responsible to the extent of 12.5% of the total loss which comes to Rs. 1,69,785.82 and order dated 15.11.2011 (Annexure P-11) vide which the appeal preferred by the petitioner has been dismissed by the Financial Commissioner and Principal Secretary to Government of Haryana.

(2.) Petitioner was appointed as Sub Inspector, Food & Supplies Department, Haryana on 30.5.1972. While he was posted at Provincial Reserve Centre at Fatehabad, from 5.12.1983 to 7.11.1984, due to his carelessness and negligence, as per the allegations, 2027-50 quintals of wheat pertaining to crop year 1983-84 was damaged at the Centre. These stocks were not accepted by the Food Corporation of India, as a result of which the Government had to auction the stock resulting in loss to the tune of Rs. 13,58,286.57 to the State. Petitioner was served with the charge-sheet dated 27.1.1993. To this charge-sheet, petitioner submitted his reply on 5.5.1993. Dissatisfied with the reply, an enquiry was initiated against the petitioner. Inquiry officer vide his report dated 21.2.1997 exonerated the petitioner of all the charges. The Director, Food & Supplies, Haryana respondent No.2 i.e. the Disciplinary Authority did not agree with the enquiry report and recorded a dissenting note holding the petitioner responsible for the loss suffered by the State due to his negligence.

(3.) Second show cause notice dated 7.10.1997 was issued to the petitioner for inflicting a punishment of stoppage of two increments with cumulative effect and for effecting recovery of loss caused to the Department. Petitioner responded to the same by filing reply dated 13.1.1998. Director, Food & Supplies Department, Haryana, being not satisfied with the reply submitted by the petitioner, held him guilty of the charges and passed an order imposing punishment of stoppage of one increment with non-cumulative effect and for recovery of Rs. 1,69,785.82 which is 12.5% of the total loss of Rs. 13,58,286.57.