GURDEV SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition is a typical example of how a government servant succeeds or is helped in frustrating departmental action in relation to the delinquency committed by him while in service.

(2.) The petitioner joined service as Clerk in the Forest Department on November 10, 1961. He was promoted as Assistant with effect from 3.11.1978; as Superintendent Grade-II with effect from 4.7.1986 and as Superintendent Grade-I with effect from 15.12.2000. He retired from service with effect from 31.3.2001 on attaining the age of superannuation. While he was posted in Hoshiarpur Forest Division at Dasuya, an enquiry was got conducted into the allegation of shortage of 23.50 quintals of polythene bags causing loss of Rs. 89,437,50. Shri Baldev Singh, who was asked to enquire into the matter, submitted report dated 30.8.1993 with the finding that petitioner was among the officer/officials responsible for the shortage of polythene bags. The Principal Chief Conservator of Forest accepted the report and issued show cause notice dated 28.2.1994 to the petitioner to explain his position. He challenged the same by filing a suit for declaration and permanent injunction in the Court of Additional Senior Sub Judge, Phillaur, which was ultimately dismissed on 28.5.1998 in view of the statement made by the petitioner that an assurance had been given to him by the departmental authorities for reconsideration of his case.

(3.) In the written statement filed on behalf of the respondent, an attempt has been made to explain the delay by stating that on receipt of the report submitted by Baldev Singh in 1993, action was initiated against the petitioner. Later on, the matter was enquired by Vigilance Department, which submitted report in October, 2000. Therefore, the matter was referred to the State Government for grant of sanction and the required sanction was received in the month of April, 2001.