UNION OF INDIA (UOI) 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 -1958. Thereafter the Controller of Stores, Bombay issued a notice dated May 1958 (Ex. 1) to the plaintiff requiring him to show cause in writing why Rs. 500/ - from the plaintiffs 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 foundry of C & W Shops, Ajmer. It may be stated here that this loss occurred in April 1953 from 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 -1953 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 28. 12. 1958 (Ex. 1/4). The plaintiff's grievance is that no enquiry whatsoever 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.C. 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 -1 -1962 dismissed the plaintiff's suit.

(3.) LEARNED Counsel for the appellant has urged that in view of the Committee dated 14.5.1953 it was not at all necessary to hold a fresh enquiry into the charge of gross negligence made against the plaintiff and that in any case there had been no violation of principles of natural justice before the impugned order with -holding the amount of Rs. 500/ - from the special contribution was passed.