MOHD AFZAL MALIK Vs. STATE

JUDGEMENT

(1.) INVOKING the provisions of the Land Revenue Act, an amount of Rs.39,34,489/ - is sought to be recovered from the petitioner as arrears of land revenue. It is stated that the said amount has been embezzled by the petitioner while functioning as Head Cashier in the office of the Consumer Affairs and Public Distribution Department. The legality of this order is being questioned by the petitioner in this petition. In order to decide the controversy involved the brief facts of this case are required to be enumerated.

(2.) IN terms of Government Order No.10 -DFSK of 93 dated 16 -04 -1993 the petitioner was directed to hold the charge of Cashier in addition to his own duties. At the time of taking over charge an amount of Rs.20,50,472.70/ - was reflected to be lying with his predecessor Ghulam Mohammad Hakim. Only an amount of Rs.2,88,519/ - was handed over to the petitioner. The petitioner continued to work as a Head Cashier till 23rd of October, 2001. It transpires that the petitioner had not been depositing the cash received by the department from various sale centres in the chest and the same was retained by him without depositing in the treasury. An enquiry is stated to have been conducted by the Dy. Director who submitted his report on 11 -10 -2001. Petitioner is stated to have participated in the said enquiry. The report reveals that an amount of Rs.48,25,735.00 were found short which was admitted to have been retained by the petitioner. It is stated in the report that the petitioner has admitted shortage of Rs.48,25,735.00. Appropriate action against the petitioner was recommended. A show cause notice, seeking the termination of the petitioner from the service, was issued to him for act of omission and commission committed by him. The impugned notice reveals that after having detected the shortage of Rs.48,25,735.00 at the time of enquiry an amount of 8,91,246.00 was deposited by the petitioner leaving the balance of 39,34,489.00. It transpires that the petitioner has been terminated from the service which is subject matter of challenge in another writ petition SWP No.735/03. It is important to note that an FIR was lodged against the petitioner in July, 2002 in which report under Section 173 Cr.PC stands filed in the court and the trial has already been initiated in the matter. Petitioner has been terminated from service on 9th of August, 2002.

(3.) CONTROVERSY in this case relates to the question as to whether an amount of Rs.39,34,489/ - can be recovered as arrears of land revenue and whether procedure envisaged under law dealing in such recoveries has been complied with.