B.P. LAHMORE Vs. CHHATTISGARH RAJYA SHAHKARI VIPNAN SANGH MARYADIT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs:

(2.) Brief facts of the case as projected by the petitioner are that, the petitioner was working in the establishment of respondent No.1 and retired from the post of Assistant Manager (Store) in July, 2013. On account of alleged irregularities and negligence in discharge of duties while the petitioner was posted as Manager, Kisan Rice Mill, Dhamtari, he was placed under suspension and charge sheet & additional charge sheet were served on the petitioner calling upon him to submit his explanation. Being dissatisfied with the explanation offered by the petitioner, a departmental proceeding was initiated against the petitioner after appointing enquiry officer, who after conducting enquiry submitted his report on 22/4/2008. However, despite lapse of sufficient time final decision could not be taken and the petitioner was going to retire shortly, therefore, the petitioner has submitted a representation before the respondent No.1 praying for disposal of the departmental proceedings pending against him at the earliest so that the petitioner will not be any impediment in disbursement of retiral dues of the petitioner. Thereafter, the petitioner submitted reminders dtd. 13/3/2012 & 29/7/2013 in which the petitioner has stated that till date the enquiry pending against him have not been decided and he is going to retire on 31/7/2013, therefore, as per verdict of the Hon'ble Supreme Court, payment of gratuity & group insurance be made to the petitioner.

(3.) On 31/7/2014 the respondent No.2 has passed the order impugned and since charge No.3 was found proved against the petitioner, it has been directed that amount of financial loss caused to the respondent No.1 on account of negligence of the petitioner i.e. Rs.9264.00 along with interest, be recovered from the dues payable to the petitioner. Since charge No.4(a) has also been found proved against the petitioner, therefore, it has been ordered that since 5,46,266 numbers of jute bags were found short in the physical verification report dtd. 31/3/2003 in the go-down of Kisan Rice Mill, Dhamtari, therefore, 50% of total loss occasioned to the respondent No.1 be calculated as per the price prevailing at the relevant time and recovered from the retiral dues payable to the petitioner. Further, suspension period of the petitioner has been declared as dies-non and it has been directed that the petitioner will not be entitled for payment of balance amount for the said period.