MANJIT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by Manjit Singh under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certioraris for quashing of the orders dated 1.8.1995 (Annexure P11) and 21.5.1995 (Annexure P12).

(2.) DURING the pendency of the writ petition, petitioner Manjit Singh expired on 06.4.2006. Vide C.M. No. 14509 of 2006, filed under Order 22 Rule 3 read with Section 151 of C.P.C., his legal representatives were ordered to be impleaded on 11.9.2006.

(3.) IN brief, the facts as pleaded in the writ petition are that deceased Manjit Singh had passed a Diploma in Civil Engineering in 1972 and had joined as Junior Engineer on 15.1.1973 on National Highway Circle, Chandigarh Division, Ropar. His service was regularized in due course in 1974. On the night intervening 18/19.2.1984, between 12.00 A.M. to 1.00 A.M., 76 drums of Bitumen were stolen from the Store of P.W.D. Manawala -Jandiala, District Amritsar. Fauza Singh Chowkidar of the store informed the deceased petitioner about the theft. The matter was reported to the police. Only D.D.R. was recorded, but no F.I.R. was registered. Both petitioner and one K.K. Gaur, S.D.E. were charge sheeted. Both were held guilty but while passing the order of punishment, the case against K.K.Gaur was quashed, firstly on the ground that he had retired from Service, secondly that no financial loss has been proved against him as it was alleged that when the Bitumen was stolen, he was on leave. However, vide order dated 1.8.1995, Sh. S.K. Bangar, Secretary, P.W.D., Punjab Government, ordered that the Governor of Punjab is pleased to order compulsory retirement to Manjit Singh under Rule 5(VII) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 and ordered recovery of Rs. 38,434.62. This order is impugned as Annexure P -11 in the writ petition.