KULTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been directed against the decree and judgment of the Additional District Judge, Jalandhar, in R.C. No. 33 of 1992, confirming the decree and judgment of the trial Court dated 6.2.1992.

(2.) The appellant is the plaintiff. He filed a suit for declaration that the order passed by the General Manager, Punjab Roadways, Jalandhar, dated 6.2.1987 is void and illegal. The appellant is working as helper in Punjab Roadways. It appears on 29.5.1986 that he had taken some parts from the store for replacing them into vehicles. After finishing the work, there remained two Sun gears with him. At about 4.30 p.m., on that day, a check was conducted in the Office premises. These parts of two Sun gears were found in his Almirah and that the plaintiff has not returned the Sun gears to the store immediately after finishing the work of repairs. He kept the same with an intention to take them away after Office hours. A charge sheet has been issued to him and a regular enquiry has been conducted. The enquiry Officer found that the plaintiff did not return these spare parts to store but kept with him when the check was made at 4.30 on the very same day and on the basis of the enquiry report, a show cause notice was issued to the plaintiff-appellant. After considering his reply, five increments have been stopped with cumulative effect by impugned order dated 6.2.1987. Both the Courts below found that the plaintiff failed to deposit the articles in the store and, therefore, the report of the enquiry Officer is correct and that there are no grounds to interfere with the order stopping of five increments with cummultive effect. Basing on these findings, the suit of the plaintiff was dismissed by the Courts below. The plaintiff has, therefore, filed the second appeal.

(3.) The facts remain that the spare parts have not been taken out of the premises of the Punjab Roadways. The spare parts were taken by the plaintiff for replacing them in the vehicles on 29.5.1986. When a check was made at about 4.30 p.m., on the same very day, two of the Sun gears were found in his Almirah but the enquiry Officer concluded that since spare parts were to be returned immediately after finishing the work and the requirement of spare parts was excess an inference can be drawn that the plaintiff intended to take them away. I am afraid that this inference cannot be drawn on the facts of the case. No rule has been drawn to my attention which makes it obligatory on the part of the plaintiff to return the spare parts immediately after finishing the job, may be due to rush of work, he night have kept the spare parts in Almirah in the premises belonging to the Punjab Roadways. It is not the case of the department that the plaintiff has taken away both the parts out of the premises or he was found in possession of these spare parts while leaving the premises of the Punjab Roadways. The intention to keep these spare parts for himself on the part of the plaintiff cannot be inferred. There is no material on record whether the plaintiff has been guilty of any such act earlier. Therefore, I am of the opinion that inference has been drawn by the Enquiry Officer on the basis of no evidence. Generally, the Courts will not interfere with the order passed in the departmental enquiry. Since the judicial review is not within a time of appeal, the Courts will not exercise the Appellate jurisdiction over the proceedings of disciplinary authority. The Court will not also substitute its opinion to that of disciplinary authority. But once it is found that the findings are based on no evidence, the Court will certainly interfere and on the facts of the present case, I am of the firm opinion that no inference can be drawn on the facts proved that the plaintiff intended to take away these spare parts and appropriate them for himself. In this view of the matter, I am unable to agree with the reasoning of the Courts below. The Courts below, therefore, misread the evidence on record which is a ground for interference in the second appeal.