J.S. Narang, J. - (1.) THIS judgment would dispose of two RFAs No. 347 and 1780 of 1997 and RSA No. 2232 of 1998, for reference it may be clarified that the first RFA has been filed by Shri Tilak Raj and the second RFA has been filed by Punjab State Civil Supplies Corporation Ltd. (PUNSUP) against the common judgment dated October 29, 1996 rendered by Additional Civil Judge (Senior Division), Moga. The RSA has been filed by Shri Sikander Singh defendant No. 2.
(2.) THE facts which need be noticed have been taken from RFA No. 347 of 1997. The PUNSUP filed a civil suit for recovery of Rs. 16,47,214/ - against Shri Tilak Raj -defendant No. 1, Shri Sikander Singh -defendant No. 2, for the loss caused to the Corporation on account of shortages of the goods which had been found in the godowns situated at Moga and set up by PUN -SUP. The claim of PUNSUP is that Tilak Raj was working as Inspector of the plaintiff under the control of District Manager PUNSUP, Faridkot who has been impleaded as plaintiff No. 2. Shri Tilak Raj was posted at Moga vide order dated March 30, 1984 and joined his dub at the place of posting on April 6, 1984. It is the case of PUNSUP that on the orders of the Managing Director PUNSUP the physical verification of the stocks at Moga Centre in the godowns maintained by PUNSUP was carried out. The checking party conducted physical verification from June 21, 1985 to June 26, 1985 at Moga and found shortage of 4513 bags of wheat in the godowns. The details of the short - ages as were noticed by the checking party and which have been spelt out in the plaint read as under : - JUDGEMENT_140_LAWS(P&H)7_2001.htm
(3.) A list was prepared in the presence of the defendants showing the shortages which was signed by the members of the raiding party in token of correctness and it was further signed by both the defendants. Both the defendants were suspended and were directed to hand over the charge of their respective offices to Shri Harnek Singh and Shri Gurnam Singh. Subsequently an audit report dated February 10, 1986 was submitted which further corroborated various other shortages arid stock of the articles, "Against the total shortage 4513 bags of wheat defendant No. 1 Shri Tilak Raj deposited 2400 bags of wheat weighing 2320 quintals within one month approximately from June 26, 1985 to July 16,1985. Shri Tilak Raj further deposited another 210 bags of wheat weighing 200 quintals in a span of one and half month i.e. June 25, 1987 to August 11, 1987. It has been averred that the shortages occurred during the period of posting of both the defendants at Moga when they are incharge of the Moga go -downs. Shri Tilak Raj defendant No. 1 was actual holder of the stocks and Sikander Singh defendant No. 2 was the Senior Supervisor posted at the said centre. It is further the case of PUNSUP that the shortage/removal of bags could not have occurred without the knowledge, connivance and active participation/assistance of defendant No. 2 i.e. Shri Sikander Singh. Thus, the loss has been suffered by PUNSUP on account of misappropriation and unauthorised use of stocks by both the defendants in furtherance of their own interest and benefits. Thus, both the defendants are equally responsible and liable to make good the shortages and losses suffered by plaintiff on this account. It is also the case of PUNSUP that both the defendants were served with registered notices for depositing the amount of shortages but they have failed to do so and as a sequel thereto a suit for recovery in the sum of Rs. 16,47,214/ - has been filed against the defendants out of which a sum of Rs. 5,67,073.88 has been charged as interest w.e.f. June 24, 1985 to May 23, 1988 indicating Rs. 10,80,140.12 as the principal amount.;