PUNJAB STATE Vs. K K SHARMA

JUDGEMENT

(1.) THE challenge in this appeal by the State of Punjab is to the judgment and decree passed by the learned first Appellate Court dated. 3. 5. 1990, vide which, while accepting the appeal, the learned Appellate Court set aside the judgment and decree passed by the learned trial Court dated 4. 8. 1988.

(2.) THE State had imposed a penalty of recovery of Rs. 17,592/- to be recovered from one Mr. K. K. Sharma for non-compliance of the instructions in the delivery of wheat stocks to the F. C. I. Mr. K. K. Sharma was working as Inspector, Goods and Supplies Circle, Bhatinda, in the office of Director of Food and Supplies. Admittedly, show cause notice was issued to the delinquent official who did not file reply. Before the trial Court, he had taken up the plea that the alleged instructions, Exhibit P-7, had not been brought to the notice of Mr. K. K. Sharma and as such, he was not liable to suffer any penalty.

(3.) THE learned first Appellate Court specifically found that there was no violation of principles of natural justice, but decreed the suit of the plaintiff on the ground that instructions dated 3. 6. 1982 and 16. 6. 1992 were not brought to the notice of the plaintiff.