Gurmeet Singh Sandhawalia, J. - (1.) The petitioner challenges the charge sheet dated 04.01.2012 (Annexure P -7) and all the consequential proceedings on the ground of violation of Rule 2.2(b) of the Punjab Civil Service Rules, Part 2, Volume 2 (for short 'the Rules'). Vide the said charge sheet, the petitioner, who had retired on 30.09.2011 as PDC (Inspector Grade -II), was issued the charge sheet under Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (in short 'the 1970 Rules'). The charge against him was of causing financial loss to the Corporation to the tune of Rs. 8,76,801.99/ - on account of giving less excess in the wheat crop of 2003 -04 to the tune of 926.72.465 quintals. Thus, it is apparent that the incident in question pertains to period which was more than four years from the institution of the proceedings.
(2.) A little background would further go on to show that it is not that the department was unaware of the said loss. Rather, the proceedings had initially been dropped against the petitioner during his service period and he had been allowed to retire. Way back on 27.10.2005, a show cause (Annexure P -2) notice had been issued for imposing minor punishment under Rule 5 of the 1970 Rules for the same year in question i.e. 2003 -04 regarding the same storage at Patiala center. At that time also, the petitioner, alongwith another employee, on account of the double lock system, had been accused of giving less excess of 594.77.965 quintals to the tune of Rs. 5,62,729/ -. Apart from that, bags with less weight had been dispatched, on account of which, another amount of Rs. 1,75,080/ - was also sought to be recovered from him and, therefore, financial loss of Rs. 7,37,818/ - had been assessed. Vide order dated 28.02.2007 (Annexure P -3), the amount due against less weight of bags was reduced to Rs. 52,524/ - as being 1/3rd share and the amount pertaining to less excess was kept in abeyance due to the pendency of the decision by this Court. Thereafter, on 08.12.2008 (Annexure P -4), the recovery of Rs. 52,524/ - pertaining to the bags was also withdrawn. Thereafter, on 21.02.2011 (Annexure P -5), the show cause notice itself dated 27.10.2015 was declared null and void by the Managing Director. Thereafter, the petitioner, as noticed, retired on 30.09.2011 (Annexure P -1), though with a condition that financial benefits were to be withheld and that the retirement was subject to any departmental proceedings which may be initiated in future.
(3.) He thereafter, approached for his financial benefits on 10.10.2011. Rather than processing the case of the petitioner, the charge sheet dated 04.01.2012 (Annexure P -7) was slammed upon him by the Corporation for the less excess, as mentioned above, for the crop year 2003 -04 for which, as noticed, proceedings initiated earlier in the year 2005 had already been withdrawn on 21.02.2011. The Corporation has tried to justify the same on the account that the petitioner was negligent and the corporation had suffered a loss and the quantity of less excess had increased in the light of the revised instructions dated 26.10.2004. Thus, the charge sheet had been issued to him and, therefore, the matter was still pending. It was further justified that the inquiry officer had already submitted his report but in view of the interim order passed by this Court, the matter was still pending.;