- (1.) This order shall dispose of CWP Nos. 1492 and 1670 of 2010 as common questions of law and facts are involved in both the cases. For the sake of brevity, the facts are being extracted from CWP No. 1492 of 2010. The petitioner was an Inspector Grade-I in the respondent Corporation. He was served with a charge-sheet dated 31.12.2003 [Annexure P-1] containing the following charges:- 1. He, while being posted at PUNSUP Centre, Jagraon, misappropriated Corporation's 70426 bags of wheat weighing 35647-43-800 quintals for personal use with mala-fide intention, the price of which comes to Rs. 3,09,28,128.38 without interest and this amount is liable to be recovered from him along with co-officers/employees. 2. He misappropriated Corporation's 79 bags plus 269 bags for personal use with mala-fide intention, the price of which comes to Rs. 7,99,356.90 without interest and this amount is liable to be recovered from him along with co-officers/employees. 3. He gave charge of bardana to the tune of 4825 bags in damage condition at Jagraon Centre, the price of which comes to Rs. 96,982.50 without interest and he is responsible for this loss along with co-officers/employees and this amount is liable to be recovered from him. 4. He while being posted at Jagraon Centre, did not preserve the wheat stocks in a proper manner due to which the wheat stocks for the Crop Year 2001-02 and 2002-03 got deteriorated/damaged. Due to delivery of stock, the Corporation was to suffer financial loss for which he is responsible. 5. He by not giving the record/ledger pertaining to wheat and bardana of Jagraon Centre to PV Officers and Audit Officers destroyed the same. 6. He made a fake entry in stock ledger P. S. C. S. C. -24 at page 23 on 4.6.2002 of wheat special to the tune of 19926-92-180 quintals for the Crop Year 2001-02 by reducing the same for the purpose of getting physical verification and after physical verification, he again got entered this wheat in the stock ledger on 01.07.2002 and accordingly, he kept the PV Officer in dark regarding shortage of wheat and concealed the truth. 7. As per above, out of the recovery amount of Rs. 3,09,28,128.38 + Rs. 7,99,356.90 + Rs. 96,982.50 = Total Rs. 3,18,24,467.78, he is responsible for the recovery of Rs. 1,52,75,744.53 @ 48% and in future interest @ 15% on this recovery is liable to be recovered from him. The basis of above charges are the enclosed detail of charges, List of witnesses and record
(2.) The petitioner's reply to the charge-sheet was found unsatisfactory and a regular inquiry was held in which the petitioner was found guilty of embezzlement/misappropriation of the Corporation's funds along with his associates to the tune of Rs. 3,18,24,467.78. The inquiry report was accepted after supplying its copy to the petitioner and on further consideration of the petitioner's objections against the inquiry report, the Disciplinary Authority dismissed him from service vide order dated 06.07.2005 [Annexure P-3] besides ordering recovery of 1/3rd of the total loss caused to the Company, i. e. , Rs. 1,52,75,744.53. The petitioner preferred a departmental appeal which was also turned down by the Chairperson-cum-Appellate Authority of the Corporation vide order dated 15.02.2007 [Annexure P-5]. Still aggrieved, the petitioner has approached this Court.
(3.) The respondent Corporation has filed its reply/affidavit reiterating that the petitioner along with his associates caused heavy losses to the tune of Rs. 3,18,24,467.78 to the Corporation, hence punishment of dismissal from service along with proportionate recovery is fully justified.;