AMRIK SINGH Vs. PUNJAB AND HARYANA HIGH COURT

JUDGEMENT

(1.) THIS judgment disposes of Civil Writ Petitions Nos. 5629, 5630 and 5631 of 1984. In these petitions, a challenge has been made to the orders of dismissal passed against the petitioner on three counts by the Chief Justice of this Court.

(2.) A reference to the relevant facts is necessary to adjudicate the question of law raised in these petitions. The petitioner joined service as a Clerk on the establishment of the Lahore High Court (predecessor of this Court) in November, 1943. He was promoted as an Office Superintendent of this Court in May, 1971 and was granted the Selection Grade in the year 1976. He attained the age of 58 years in August, 1980. The age of superannuation of the members of the establishment of this Court at the relevant time was 60 years. The petitioner was placed under suspension on December 17, 1981, as an action was under contemplation against him under Rule 35 of the High Court Establishment (Appointment and Conditions of Service) Rules, 1973, and he was retired from service on attaining the age of 60 years while under suspension with effect from August 31, 1982. Charge Memo No. 12835-E. 1/v. B. , dated June 7, 1982, along with the articles of charge appended thereto, the subject of challenge in C. W. P. No. 5631 of 1984, was served upon the petitioner.

(3.) THE articles of charge read as under: You, Shri Amrik Singh, Superintendent Grade-I of this Court, are guilty of the following charges1. That you while posted as Superintendent in Cash and Bills Branch were entrusted with the duties of Cashier and supervision/checking of all other cash books and other records maintained in that section by the other officials posted under your control. It was your duty to receive moneys from all the branches of this Court for deposits and the amounts of V. P. Ps, from the official of the Post Office and to verify that the entries of these amounts had been made in the Cash Book. It was also your duty, before leaving office, daily to check cash books of Personal Ledger Accounts of the Registrar and the Election Account and to affix your signatures in token of their correctness and to verify the correctness of receipt and payment and remittances into Treasury Banks, Shri Harpal Singh, Senior Assistant, under suspension, working at the relevant time under your control and supervision, had been entrusted by you to maintain the Personal Ledger Account of the Registrar and also the Election Account besides V. P. P. Account of this Court. Shri Harpal Singh had been receiving the payments of the various amounts on different dates between April 1, 1979 to December, 1981 either in cash or through cheques from Shri Dushyant Singh, Senior Assistant (now under suspension) as Accountant of this Court or from the banks against the bills so prepared for the purpose on the requisitions received from the concerned branches and entered them rightly on the receipt side of the Personal Ledger Account but instead of making payments or remittances into the Treasury or depositing in the banks in accordance with the rules and procedure, embezzled the same on occasions and made false entries on the payment side showing the payments/deposits as having actually been made/effected in accordance with the procedure and rules. Similarly, in the Election Account also, Shri Harpal Singh for the period from April, 1979 to December, 1981 either made no entry in the Cash Books of the Election Account or made false entries showing the amounts paid up or deposited in the bank. In the entire period from April 1, 1979 to December, 1981, you had never checked the cash books of both these accounts, i. e. Personal Ledger Account of the Registrar and the Election Account and left office without appending your signatures in token of the correctness of all the transactions daily which you were required to do in your capacity as Superintendent, Cash and Bills and as Cashier. Thus you are guilty of having facilitated the embezzlement being committed by Shri Harpal Singh from the Personal Ledger Account to the tune of Rs. 29,788-73 and of Rs. 3291/-from the Election Account as detailed in the statement of allegations in connivance with Sh. Dushyant Singh, Shri Devinder Mohan Parti, Assistants and Shri Ved Singh Daftri either deliberately or by gross dereliction of your duties and functions.