HOSHIAR SINGH Vs. HARYANA WAREHOUSING CORPN

JUDGEMENT

(1.) BY this common order I shall dispose of the aforementioned three Writ petitions as the the issues involved therein are identical and inter - linked. This Court vide order dated 28.11.2010 in CWP No.20601 of 2010 and dated 21.09.2011 in CWP No.20459 of 2010 ordered to be heard with CWP No.18566 of 2010.

(2.) PETITIONERS Hoshiar Singh, Ram Phal and Ram Chander who were working as Godown Keeper -cum -Incharge, Godown -cum - Watchman and Dusting Operator respectively with the Haryana Warehousing Corporation/respondent in their respective writ petitions are seeking quashing of the common punishment order dated 11.08.2009 (P -6) whereby the punishment of dismissal from service upon each of them has been imposed for misappropriation of 487 bags of Basmati -Paddy and creating of false story of theft and recovery ordered for a sum of Rs.6,47,475/ - jointly/severally. Further challenge is to the common order dated 27.10.2009(P -7) whereby the direction of the Executive Committee dismissing their appeals has been conveyed.

(3.) UPON notice respondent has filed a written statement wherein it is stated that the petitioner Hoshiar Singh while working as Godown Keeper/Incharge along with two other co -delinquent officials namely Ram Phal, Godown Attendant -cum -Watchman and Ram Chander Dusting Operator while posted at State Warehouse Call were found to have misappropriated 487 boxes of Paddy/Basmati involving an amount of Rs.6,47,475/ -. Besides an FIR of theft/misappropriation lodged, departmental proceedings were also initiated against all the three delinquent officials vide identical charge sheets dated 5.3.2009 for imposition of major penalty. An inquiry officer of the rank of HCS(Retd.) was appointed to conduct common enquiry. The said officer submitted its report dated 3.6.2009 (P -3). The findings of the inquiry officer were against all the three delinquent officials which was conducted after following principles of natural justice and due procedure and holding them guilty regarding misappropriation of funds and creation of false story of theft. Thereafter separate show cause notices dated 26.06.2009 (P -4) indicating the proposed penalty was issued to all the petitioners. The petitioners filed their replies dated 22.07.2009 (P -5). On consideration of the replies and the findings of the inquiry officer, the separate orders of punishment dated 11/12.08.2009 (P -6) were passed. The petitioners thereafter filed statutory appeals before the Executive Committee of the respondent -Corporation. The said Executive Committee in its meeting on 20.10.2009 afforded a hearing to the petitioners and dismissed their appeals by detailed discussion regarding their sole plea of "theft" by recording of reasons, which reads as under: -