UNION OF INDIA Vs. DURGA PRASAD GARG

JUDGEMENT

(1.) THE plaintiff respondent Durga Prasad was retired from the post of Sub-Store Keeper, General Stores, Ajmer with effect from 1. 4 1953. THEre after the Controller of Stores, Bombay issued a notice dated May 1953 (Ex, 1) to the plaintiff requiring him to show cause in writing why Rs. 500 from the plaintiff's special contribution to Provident Fund should not be withheld on account of the plaintiff's gross negligence in discharge of his duty inasmuch as he had relied on a Khalasi to verify that all the keys and seals relating to the wards had been returned and placed in the key-box when closing the department with the result that there was a loss of 243 bearing brasses from the strong room in the boundary of G&w Shops, Ajmer. It may be stated here that this loss occurred in April 1953 for which a major joint enquiry was held and a finding of gross negligence was arrived at against the plaintiff by the Committee constituted for holding enquiry into the matter. THE report of that Committee dated 14. 5 S953 has been placed on the record, and marked Ex. A/19. On receipt of the notice the plaintiff asked for copies of certain documents and ultimately submitted his explanation to the Controller on 23. 12 1958 (Ex. 1/4 ). THE plaintiff's grievance is that no enquiry what soever was held against him and in violation of the principles of natural justice the General Manager by his order dated 10 6. 1959 (Ex. A. 17) ordered that Rs. 500 may be withheld from the plaintiff's special contribution to the Provident Fund, THE plaintiff filed appeal before the Railway Board, but was unsuccessful and ultimately after serving a notice under Section 80 Civil P. G. he instituted the present suit out of which this appeal arises in the Court of Munsiff, Ajmer City praying that a decree for Rs. 500 which had been wrongly withheld by the defendant may be passed in his favour. THE suit was resisted by the defendant.

(2.) AFTER recording the evidence produced by the parties the learned Munsiff, Ajmer City (West) by his judgment dated 30 8. 1962 dismissed the plaintiff's suit.