KIRAN KANT Vs. CHAIRMAN, JAKFED, JAMMU

JUDGEMENT

(1.) PETITIONER has filed this writ petition for quashing order No.3552 -58 dated: 01.10.1996 whereby he has been dismissed; with a further direction to the respondents to re -instate him with all consequential benefits including arrears of salary with effect from Feberuary,1996 and also indicate his seniority without break.

(2.) PARTIES at the time of hearing of this writ petition were not at variance that the petitioner, who is a qualified Medical Assistant, was ap ­pointed as such by the respondents in the Jammu and Kashmir Co -operative Supply & Marketing Federation Limited (hereinafter re ­ferred to as JAKFED) in the year 1987. He was posted in the Medical Fair Price Shop, Rehari. near Children Hospital, Jammu. He was Incharge of the said shop and was dealing with the sales and purchase of medicines as also was handling the cash. What seems to have happened is that certain shortages as well as cash retention was detected by the Audit. In addi ­tion to this, certain expired medicines were also detected in the store. In the former case short ­ages/retention were found to the tune of Rs.2,03,837.53, and in latter case value of the expired medicines was Rs. 1,11,733.39.

(3.) IN the aforesaid background petitioner was asked to explain and to make good the aforesaid amount. He did not come out straight in his reply to this. Thereafter formal charge sheet was served upon the petitioner when a sum of Rs.500/ - per month was ordered to be de ­ducted as per order dated: 10.02.1997, but from the month of July,95 it was increased to Rs.1000/ - per month. After service of charge sheet petitioner submitted his reply, copy whereof is attached as Annexure "B" with the counter filed by the respondents. His stand in his reply was that the shortages have not been correctly assessed. Still he agreed to repay the full amount. While admitting his liability, he agreed to repay the amount in question in the sum of Rs.1000/ - per month, and according to him upto May, 96 a sum of Rs. 15,000/ - has been deducted, but he disputed his liability so far cost of expired medicines was concerned. Since inquiry was contemplated against the pe ­titioner he was placed under suspension on 02.07.1996 vide Annexure PD4 and attached with District Manager, Udhampur. However matter appears to have received attention of the authorities and keeping in view his reply to the charge sheet impugned order dated 1st. Octo -ber,96 has been passed. Case of the petitioner further shows that with a view to get a copy of the order of his termination, he filed an earlier petition being SWP No. 1591/96 which was dis ­posed of on 27.12.1996 with a direction to re ­spondents to supply a copy of the order of termination to the petitioner within a week.