STATE OF HARYANA Vs. T S BHATTI

JUDGEMENT

(1.) State has come up in Regular Second Appeal against the judgment and decree dated 18.04.2006 whereby appeal filed by the plaintiff-respondent (for short 'the respondent') was allowed, which was against the judgment and decree dated 10.02.2003, whereby the suit of the respondent was dismissed.

(2.) The case as put forth by the respondent is that he joined as District Food and Supplies Controller, at Hissar in February, 1986. As per instructions of the Government, wheat was purchased from the grain markets through out Haryana and was stored/kept in P.R. Centres at different towns and cities. Approximately, 1,33,475 quintals wheat was purchased in April/May 1985 at Tohana for the year 1985-86. At that time T.S. Bindra was the District Food and Supplies Controller at Hissar and this Centre fell under his jurisdiction. It was his duty to take all precautions and measures as per required and prescribed by the Government to save the food, which he had not taken and the wheat lying/stored at P.R. Centre Tohana was infested. Atta formation started and weeivling also developed in it. The Director, Food and Supplies Department, Haryana Chandigarh inspected the P.R. Centre on 04.09.1985 and observed that because of lack of treatment of stocks in time, the stocks lying in the P.R. Centre have infested atta formation has started. Special physical verification be got done done and report be sent to him immediately. Thereafter, Ram Lal Sethi Fumigation Inspector inspected the stock lying at P.R. Centre Tohana on 06.09.1985 and submitted the report on 09.09.1985 to the District Food and Supplies Controller, Hissar informing him that there was fumigation in whole of the stock of wheat and atta formation. It has badly been infected and stock germination has started. The wheat has been completely damaged up to 10% to 15% of the total stock. The respondent, after resuming duties in February 1986 inspected various centres and on inspection of P.R. Centre at Tohana, he found that 20 to 25 percent of the stock lying at this centre is totally damaged with rain and infestation. He did his best to save the stock from further damaged/loss. He started submitting to monthly reports to the higher authorities whereas these report were not sent by the then D.F.S.C by the names of T.S. Bindra and B.D. Bansal despite repeated reminders.

(3.) The stock which was badly damaged was not accepted by the above said agency. The respondent was transferred from District Hissar in July, 1987. The Director, Food and Supplies Department, Haryana Chandigarh called the explanation of Sh. T.S. Bindra and B.D. Bansal the then Director, Food and Supplies Controllers of District Hissar in this regard and also held them responsible for causing the damage/loss. After a lapse of about 5 years, a show cause notice was served upon the respondent and R.P. Kumar, then then Director, Food and Supplies Controller regarding the damage and shortage of wheat stock in the P.R. Centre at Tohana in the year 1985, by defendant No. 2 absolving respondent No. 8 of his liability. The respondent gave its reply on 19.04.1990. Thereafter, penalty of Rs.1,82,484.75 paise on account of loss/damage to the wheat stock was imposed upon the respondent vide order dated 21.08.1997. The respondent preferred an appeal against that order, which was also dismissed vide order dated 02.09.1998. Hence, the present suit.