S K KHANNA Vs. KURUKSHETRA UNIVERSITY KURUKSHETRA

JUDGEMENT

(1.) This writ petition has been filed challenging the order imposing a penalty of Rs. 4,58,988.60 on the ground that a regular inquiry had held the petitioner guilty along with another employee being jointly responsible for having caused a financial loss of Rs. 5,73,737/- to the respondent-University.

(2.) The petitioner joined the respondent-University as a Stenographer on 14.10.1963 and after climbing through the ranks retired as Additional Director (Administration) on 30.9.1996. On 25.2.1995, the Department of Distance Education put up a note for consideration of the Vice Chancellor for the purchase of 5000 reams of paper of the specification of 20"x30"/11.6 kgs @ Rs. 22.80 per kg from M/S Virender Agro Chemicals Limited Chandigarh for a total cost of Rs. 13.50 lacs. This rate of Rs. 22.80 per kg had earlier been approved by the Vice Chancellor and, as a matter of fact, paper at this rate was being purchased by the press of the University from the same firm. The concerned official marked this file to the Registrar but as the Registrar was on leave, the file reached the Accounts Branch. The Superintendent (Accounts) instead of agreeing with the proposal of the Department of Distance Education to purchase paper at the approved rate from M/S Virender Agro Chemicals Limited Chandigarh, suggested by means of his note dated 7.3.1995 that purchase of paper may be effected from Delhi by the same Committee which had been constituted for the purchase of envelopes worth about Rs. 1 lac. This Committee consisted of the following Officers :-

(3.) Thereafter, the Registrar by way of her note dated 8.3.1995 added Prof. Kuthiala as Chairman of the Committee. The members of the said committee went to Delhi on 27.2.1995 and found that no firm dealing in paper was willing to quote any rate because of expected steep rise in the price of paper. In its minutes dated 28.3.1995, the said committee recommended that paper may be purchased in April, 1995 after the prices stabilized. The members of the committee held a second meeting on 1.5.1995, wherein they recommended the purchase of 2900 reams of paper at the rate of 39.75 per kg from M/S Chauhan Paper Corporation Lt. Yamuna Nagar. Consequently, paper at the above rate was ultimately purchased, thus, causing a loss of Rs. 5,73,739/-.