SURRINDRA NATH UTTAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These two writ petitions Civil Writ Nos. 563 and 565 of 1961 have been bracketed together and main arguments have also been addressed in Civil Writ No. 563 of 1961 with the result that both are being disposed of by one judgment.

(2.) In Civil Writ No. 563 of 1961, Surrindra Nath Uttam petitioner joined Government service in the United Punjab on 31st January, 1946 as Junior Clerk in the office of the Deputy Commissioner, Criminal Tribes, at Lahore (Now in West Pakistan). After the partition of the country his services were transferred from the office of the Deputy Commissioner, Criminal Tribes, Jullundur, to the office of the Custodian Evacuee Property, Jullundur, where he assumed charge on 8th January, 1948. According to his averments in the writ petition on 19th May, 1953, he was selected by the Estate Officer Capital Project, Chandigarh for the post of senior clerk in the scale of Rs. 90/-5-120/5-175. This post was admittedly temporary and had been sanctioned till further orders. The petitioner was in pursuance of this selection allowed to relinquish charge and was directed to report for duty in the Estate Office on 1st June, 1952. "Subject to no effect of any retrenchment in the Evacuee Department" he was allowed shadow lien of his post there provided the department existed. A copy of the office order to this effect is marked Annexure 'B'. The petitioner's work both in the office of Custodian Evacuee Property and in the Estate Office, Chandigarh from 1948 to 1956-57 was always good and satisfactory. In 1957, although the petitioner was holding the post of Senior Clerk in the scale of Rs. 64-80/5120/5-175 he was entrusted with the duties of Cashier in the Estate Office, which duties were then being performed by Shri Ram Parkash, Assistant in the scale of Rs. 116-8-180/10-250. The Estate Officer's order dated 17th June, 1957 according to which the petitioner was to "take over as Cashier in his present Scale............till further orders", is marked Annexure 'D'. The petitioner and Ram Sarup Accountant (Petitioner in Civil Writ No. 565 of 1961) became victims of jealousy and factional feelings prevailing in the department with the result that certain members of the estate office conspired to harm them. Ram Sarup who used to share the same office with the petitioner was suddenly shifted from there and on 26th August, 1957 a surprise raid was organised by the order of the Secretary (Capital) under the supervision of the Under Secretary (Capital to check the actual cash lying in the cash chest with the balance in the cash book in the petitioner's charge. The petitioner was at that time absent and the Estate Officer who was the real custodian of the cash in the chest was left out of the raid. Thee petitioner under orders used to attend Hindi- Punjabi classes upto 11 A.M. and he used to go to the Estate Office thereafter. On the day of the raid, when he reached there at about 11 A.M., he found the doors of his office room bolted from inside with a guard posted outside. After a close check by the raiding party, the cash in the Department was found intact (Rs. 4,836.07) in the chest having double lock and Rs. 450/- lying in the counter with a single lock inclusive of a sum of Rs. 0.19 np. received from the Estate Officer on account of private trunk call and Rs. 0.07 np., on account of gain by conversion). The checking Officer however, made no entry in the cash book with regard to the physical verification of the cash and it is averred that if the checking Officer had found any storage or excess in the cash he would under the rules have made a note of it in the cash book. On 27th September, 1957 the petitioner was called upon (as per Annexure 'E') by the Secretary to Government, Punjab, Capital Project to explain shortage of Rs. 449.74 nP. discovered on 26th August, 1957. According to this annexure it was considered that a sum of Rs. 450/- had been taken away by the petitioner on 24th or 25th of August, 1957, and brought on the morning of the 26th August, 1957, to be put into the chest. The explanation was sought within four days. Annexure 'F' attached to the petition is the explanation given by the petitioner and is dated 4th October, 1957. No final decision was taken on this matter for a considerable time and in the meanwhile several persons junior to the petitioner were allowed to supersede him, his case of crossing the efficiency bar remaining pending. The petitioner made several representations against his supersession and in May, 1958 he was informed by a confidential memo (Annexure 'G') that the question of his promotion would be considered when the charge of defalcation of cash is decided. After a protected enquiry behind his back as the petitioner puts it, the case was filed by the Public Works Minister on the recommendations of the Secretary (Capital) Shri D.P. Nayar.

(3.) After the said case had been filed Ch. Suraj Mal became the Minister Incharge of the Capital Project and Shri B.B. Vohra became Additional Secretary (Capital). Factions in the Estate Office, according to the petitioner, were led by Shri P.L. Kapur and Shri Hardial Singh, Assistant Incharge, who had access to the Additional Secretary and who managed to obstruct the implementation of the orders filing the case against the petitioner. After a delay of several months, the Additional Secretary (Capital) also reopened the cash case against the petitioner and in April, 1959, the petitioner received the orders of the Government terminating his services as well as those of Ram Sarup, Accountant with effect from 4th April, 1959 (This memorandum is marked Annexure 'H'). By then, the petitioner had put in about 13 years of continuous service and he had attained the age of 32 years. Simultaneously with the termination of the petitioner's service, according to the petitioner's impression, orders were also passed by the State Government depriving him from any future Government employment, though no such orders were conveyed to him. The petitioner gathered this impression from the following circumstances. After the termination of his services from the Estate Office, he managed to secure a temporary post on a salary of Rs. 60/- P.M. in the office of the Director of Industries, Chandigarh, with effect from 13th May, 1959 but he was relieved from there on 3rd June, 1959 by order of the same date. This order is Annexure 'I'. The petitioner again succeeded in securing a temporary post of clerk in the department of Civil (Home) Defence, Punjab, offered to him on 2nd June, 1959 by the Director of his department. This appointment was subject to the approval of the Subordinate Services Selection Board. On a reference made by that department to the Board for approval, the secretary of the Board in his letter dated 26th August, 1959 (Annexure 'K' wrote to the Director in the following words :-