KULDIP SINGH J. - (1.) The petitioner has moved this Court under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari for quashing the order dated 4.1.2012 (Annexure-P-7), whereby a cut of 20% in the pension of the petitioner has been imposed for whole life.
(2.) The petitioner was working as a Head Cashier in the Eastern Sub Division under the control of the Superintending Engineer, Distribution, Sub Urban Circle, Amritsar. On 29.6.2000, the petitioner had gone to State Bank of Patiala, Amritsar Branch for withdrawal of salary of the staff for the month of June, 2000. He withdrew a sum of Rs. 10.49 lakhs from the said bank. At that time, some unidentified persons came there and said to him that some currency is lying on the floor and when the petitioner tried to pick up the same, they decamped with the salary amounting to Rs. 10.49 lakhs from the bank premises itself. The petitioner accordingly lodged FIR No. 115 dated 29.6.2000, under Section 380 IPC at Police Station 'B' Division, Amritsar. The department however initiated a departmental inquiry against the petitioner, which culminated in the chargesheet No. 1495 dated 11.9.2001. The petitioner in the meanwhile retired from service on 31.3.2002 on attaining the age of superannuation. It also comes out that the inquiry was not concluded for next six years. It also comes out that initially Er. M.S. Rataul, Additional Senior Engineer, West Division, was appointed as Inquiry Officer, vide order dated 28.6.2002. Thereafter, Er. Jagjit Singh Suchu, Senior XEN was appointed as Inquiry Officer in place of Er. M.S. Rataul, vide order dated 16.11.2005 (Annexure- R-3). Er. Jagjit Singh Suchu, Senior XEN completed the inquiry on 23.6.2006 and submit the report. Consequently, the copy of the inquiry report was sent to the petitioner on 11.7.2006, vide letter Annexure-P-3 to submit his explanation to the said report, failing which necessary action will be taken. Annexure-P-3 apparently is a show cause notice before passing the punishment order. The petitioner thereafter submitted the reply to the said inquiry report raising some objections (Annexure-R-8). It comes out that thereafter, vide order dated 26.6.2008 (Annexure-R-4), Er. Raghbir SIngh Senior XEN, Jandiala Guru Division was appointed as Inquiry Officer in place of Er. Jagjit Singh Suchu. Er. Raghbir Singh, Senior XEN, did not conduct inquiry afresh and submitted the following report on 20.3.2009 (Annexure-R-9) :- "Sub : Departmental enquiry against Sh. Brij Mohan Cashier Charge Sheet No 1495 dated 11.9.01. Reference : Your Office Memo No. 114 dated 5.2.09. It is submitted that vide your Office Order No. 379 dated 18.11.06 Er. Jagjit Singh Suchu was appointed as an Enquiry Officer in the above mentioned case. The eqnuiry report has been submitted by him by your office wherein the responsibility of the above employee has been clearly given. The undersigned is entirely in agreement with the enquiry report conducted by Er. Jagjit Singh Suchu. This case may kindly be taken into consideration with the above mentioned enquiry report."
(3.) It comes out that as no action was taken, the petitioner served a legal notice dated 18.2.2011 (Annexure-P-6) upon the respondents and filed the unamended writ petition in this Court on 30.6.2011. In the said writ petition, the notice of motion was issued and the reply was filed on 25.1.2012. However, in the meanwhile, a personal hearing was given to the petitioner on 3.1.2012 and order of punishment endorsed on 4.1.2012 (Annexure-P-7) has been passed.;