SHANTI SIDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution in which the ('acts may first be stated The petitioner is the widow of A. S. Sidhu who joined the Punjab Government service in the Agricultural Department in 1927 and who died on 21st October 1957 while he was a member of Class 1 of that service. In 1958 the Punjab Government discovered that certain losses had been incurred in the matter of purchase of some items for the Department of Agriculture. A. S. Sidhu was charge-sheeted and an enquiry was ordered to fix the responsibility of the losses. He was also suspended on 20th May 1954. Shri K. S. Narang I. A. S. was appointed the Enquiry Officer. After A. S. Sidhu gave his explanation or reply to the charge sheet the Enquiry Officer held an enquiry and submitted a report. By a letter dated 10th October 1957 addressed by the Secretary to Punjab Government to A. S. Sidhu, he was informed of the result of the report. A copy of the report was also sent to him. It was stated in that letter that as a result of the enquiry it was proposed that he be dismissed from service. He was, however, inform ed that before that was done, he could show cause, if any, against the action proposed to be taken. This was done as required by Rule 7 (6) of the Punjab Civil Services (Punishment and Appeal) Rules, 1952. Paragraph 2 of that letter was as follows :

(2.) THE pension, death cum-retirement gratuity, residual gratuity and family pension are voted and are debitable to (Provincial Revenues Punjab Pension of Officers retiring from East Punjab after the 14th August, 1947) and will he payable at Kaithal Sub-Treasury. District Karnal. () The record of service of Shri Amir Singh Sidhu has been examined and found to be unsatisfactory He was held responsible for heavy financial losses caused to Government due to the irregularities committed by him in the execution of the Tube well Scheme as a result of the departmental enquiry conducted against him. It has, therefore, been decided that no amount of pension, gratuity residual gratuity or family pension as sanctioned above should be paid to his widow but these should be adjusted against the financial losses sustained by Government as already decided in Punjab Government Memo No. 7629-Agr. I (1)-59/7068 dated 11th December, 1959. " Ultimately the present petition was filed in May 1963.

(3.) THERE are certain facts which are not disputed. The first is that the losses which the Government incurred on account of a contract having been entered into with a Calcutta firm by A. S. Sidhu came to about Rs 55,000 The Government had issued certain instructions al the time the contract was entered into that the aforesaid officer was not authorised to make that contract and it was the Director who was empowered to do so but it was admitted that these instructions had not been sent to A. S. Sidhu at the time when he entered into the transaction The Government filed a suit also against the Calcutta firm and a decree has been obtained against that firm for about Rs 55,000 Execution of that decree is still pending but no realisation has been made Another enquiry was held under the orders of the Government by Dr K. S. Bedi Joint Director of Agriculture, regarding the irregularities alleged to have been committed in the Tube well scheme in respect of which the contract had been made with the Calcutta firm In his report dated 29th May 1962 Dr K. S. Bedi referred to the indifference shown by the Head of the Department of Agriculture in the mailer of realising any amount in execution of the decree against that firm or prosecuting the criminal proceedings which had been instituted against it at Calcutta. The following passage from his report may be reproduced :-