UNION OF INDIA AND 3 ORS Vs. MD NAZIMUDDIN ANSARI AND ANR
HIGH COURT OF GAUHATI
Union Of India And 3 Ors
Md Nazimuddin Ansari And Anr
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Ajit Singh, C.J. -
(1.) This intra court appeal is directed against the order dated 27.8.2015 passed by the learned Single Judge of this Court whereby he has allowed WP(C) No.304/2010 of Respondent No.1 Mohd. Nasimuddin Ansari and quashed the minor penalty of recovery of loss from him.
(2.) Facts in short are these. During the relevant time, Respondent No.1 was serving as Manager, Inventory Group with the appellants. He was Stock Holder of Shed No. 12, Eastern Stores Division (ESD), General Reserve Engineer Force (GREF), Tezpur. And on 20.09.2004, he reported loss of 299 plungers and barrels of Cummins Engine of Fuel Injection Pump (D50 Bull Dozer). On this complaint, a special board of officers was convened by the Commanding Officer to carry out physical verification of the stock in Shed No.12. After physical verification, 13 items of worth Rs.14,04,343/- were found missing. Thereafter, on 25.9.2004, Respondent No.1 handed over the charge of Shed No.12 to one another officer, who later reported some more deficiencies. In the result, physical verification of stock was again made whereafter the value of missing items was quantified at Rs.18,28,081.56.
(3.) The discovery of missing items in large quantity led to convening of court of inquiry, which determined and quantified the loss of worth Rs.19,83,468.49. The court of inquiry also held that the loss was on account of failure in the performance of duties by 8 officers including Respondent No.1.;
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