BALDEV SINGH SAINI Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Defendant-appellant has come up in regular second appeal against the judgment dated 15.06.1999 passed by the District Judge, Hoshiarpur, dismissing his appeal against the judgment and decree dated 04.09.1997 passed by the Additional Civil Judge (Senior Division), Hoshiarpur, whereby suit filed by the plaintiff-PSEB (respondent herein) was partly decreed for recovery of Rs.2,64,188.35 with proportionate costs along with pendentelite and future interest at the rate of 12% per annum. Plaintiff-PSEB (respondent herein) filed a suit against the defendant-appellant for recovery of Rs.2,64,622.13 paise, alleging therein that Baldev Singh-defendant while working with the plaintiff-Board as Junior Engineer at Dasuya and Bhogpur, had executed many works. After verification of those works, he was charge sheeted on 18.04.1990. Shortage and misappropriation of the stores was found. After conducting a proper enquiry, he was dismissed from service vide order dated 28.08.1991. Upon notice, defendant-appellant filed written statement and took preliminary objections with regard to limitation, mis-joinder of necessary parties and territorial jurisdiction of the Court at Hoshiarpur. It was submitted that a theft had been committed in the stores of the plaintiffrespondent when the defendant was in jail. At the time of calculations of the alleged shortage against the defendant, the stolen goods had not been adjusted.

(2.) From the pleadings of the parties, following issues were framed by the trial Court:-

(3.) The defendant-appellant was dismissed from service vide order dated 28.08.1991 (conveyed on 31.08.1991). A recovery order was also passed against him. Baldev Singh had filed a suit challenging his dismissal, which was dismissed by the Additional Civil Judge (Senior Division), Dasuya on 08.10.2001 being time barred. Appeal against the said judgment was dismissed by the Additional District Judge, Hoshiarpur on 07.06.2003. However, the only relief given to him was that he could make an application for grant of G.P. Fund amount and the defendants (in that suit) were to pass appropriate orders after adjusting the amount recoverable from Baldev Singh.