- (1.) CM No. 14592-C of 2014 By way of the instant CM permission is sought for placing on record copy of the Order dated 10.01.2008 as Annexure P-1 passed in CR No. 2020 of 2007. Allowed as prayed for subject to all just exceptions and the said order is taken on record as Annexure P-1. RSA No. 5651 of 2014 Defendant is in second appeal, aggrieved against the concurrent findings returned by the Courts below whereby the suit for recovery filed by the respondent-State of Punjab of Rs. 30,482/- along with interest has been allowed. In brief, facts of the case are that defendant joined the service as Forest Guard in the department of Forest, Government of Punjab on 18.7.1970 and superannuated as Deputy Ranger on 31.3.1998 from Forest Division, Sri Mukatsar Sahib. During service, a show cause notice was served upon the defendant/appellant herein for loss caused by him due to illegal cutting of trees, which was not replied by the appellant. It was further pleaded in the plaint that despite intimation, the defendant/appellant did not come for personal hearing and thus, vide order dated 16.5.1996 the defendant was found guilty and consequently penalty of Rs. 23,182/- was levied upon the appellant. Thereafter, the Conservator of Forest, Patiala vide its office letter dated 9.1.1998 issued another show cause notice to the defendant/appellant for recovery of outstanding amount pending against contractors. The defendant appeared and got his statement recorded but after considering the record, the Conservator of Forest, vide order dated 20.03.1998 imposed recovery of amount of Rs. 7300/- outstanding against the contractor namely Sukhdev Singh. Thus, on the basis of these two orders, which were alleged to have never been challenged, the present suit for recovery of Rs. 30,482/- was filed.
(2.) Upon notice, the defendant/appellant filed his written statement, whereby he had denied all the averments and had also stated that no recovery should be made from retiree without his or her consent under the Rules and if there is no consent, the suit has to be filed by the department for recovery within a period of 4 years from the date of accrual of cause of action. Thus, prayer was made for dismissal of the suit.
(3.) Replication was filed wherein the entire contents of the plaint were reiterated and those of the written statement were denied. From the pleadings of the parties issues were framed. Both sides lead their evidence and after appreciating their evidence learned Civil Judge(Sr. Divn.) Sri Mukatsar Sahib vide its judgment and decree dated 18.2.2013 decreed the suit of the plaintiff and the findings thereof were affirmed by the learned Additional District Judge, Sri Mukatsar Sahib vide judgment and decree dated 4.8.2014.;