DULA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner who was serving on the post of Inspector, Grade-I under the Food and Supplies Department, retired on 28.2.2005 upon attaining the age of superannuation. The instant writ petition has been filed impugning the charge sheet dated 2.9.2005, Annexure P2, and order dated 8.5.2009 issued by the Director, Food, Civil Supply and Consumer Affairs Department, Punjab, Annexure P3, whereby recovery of an amount of Rs.43,469/- has been directed against him. Further challenge is to the order dated 18.10.2011 passed by the Appellate Authority i.e. Financial Commissioner (Revenue), Annexure P4, affirming the order of recovery against the petitioner.

(2.) BRIEF facts of the case are that having retired from service on 28.2.2005, the petitioner was issued a charge sheet dated 2.9.2005, Annexure P2, raising an article of charge that while he was posted at Moga Centre as Inspector, Grade-I, he had dispatched wheat stocks of the year 1998-99 to FCI which was not properly maintained and dispatched as per instructions, causing financial loss. The precise dates with regard to the dispatch of the wheat stocks upon which the allegation of causing financial loss has been raised were 10.5.1999, 11.12.1999, 18.11.2000, 25.1.2001 and 17.6.2001. The petitioner is stated to have submitted the reply to the charge sheet, but in pursuance to departmental proceedings having been initiated, the final order of punishment dated 8.5.2009, Annexure P3, ordering a recovery of Rs.43,469/- has been imposed upon him. Such order of penalty has been affirmed in the light of impugned order dated 18.10.2011, Annexure P4, passed by the Appellate Authority.

(3.) PER contra, learned State counsel would submit that the action of the respondents was justified as it was due to the negligence of the petitioner that the State Government has suffered a financial loss. Still further, it has been submitted that the impugned orders of recovery have been passed after following due procedure and having afforded opportunity to the petitioner at each stage. It is finally prayed that the petition be dismissed.