GURBAX SINGH BHAMRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is unsuccessful plaintiffs regular second appeal.

(2.) The plaintiff filed a suit for declaration to the effect that the order dated 23.9.1981 by virtue of which recovery of Rs. 27,659.50 was ordered to be recovered from the plaintiff is illegal, wrong, ultra vires, against the rules, based upon non- existing facts and so constitute malice in law and thus null and void.

(3.) As per facts stated in the plaint, the plaintiff was working as a Sub Divisional Officer, Construction Sub Division No. 1, Fazilka, when the theft of the Government chest took place. The plaintiff was charge-sheeted on the ground that he committed negligence by giving his personal key to the chest clerk. On receipt of reply to the charge-sheet, an enquiry was initiated and the plaintiff was asked to make statement by the Investigating Officer and ultimately the matter was dropped and instead of enquiry proceedings, an order for recovery of the amount i.e. Rs. 27,659.51) was ordered holding him liable for loss of the amount to the extent of 60%. In respect of the 40% of the loss, the clerk was burdened with this liability.