- (1.) The challenge in the present writ petition is to the order passed by the Disciplinary Authority dated 27/28.6.2002, Annexure P-2 and the order in appeal dated 8.9.2004, Annexure P-5, whereby minor penalty of recovery of Rs. 36,513.40 was imposed upon the petitioner.
(2.) The petitioner was charge-sheeted on 26.2.2002 for causing loss to the respondent-Corporation while working at Naushera Pannuan during the years 1993-95. It was averred in the show cause notice issued to the petitioner that had adequate care been taken at the time of purchases/acceptance of stocks as per the laid down specification and after proper weighment as per the standing instructions besides preserving the stocks by conducting periodical supervision, aeration etc., the storage loss would have not been taken. Therefore, the notice contemplated that as to why a sum of Rs. 1,09,594.18, as the loss suffered by the Corporation on account of financial impropriety, be not recovered from the petitioner.
(3.) In reply to the show cause notice, the petitioner asserted that he received only Stack No. 2-D/1 in the month of March, 1993 and he was on tour from Naushera Pannuan and that after returning from tour, he noticed some pilferage in the rice stocks. He reported the matter to the District Office, Amritsar to constitute a committee to supervise the issue/dispatch operations of the stock. The learned District Manager, in the impugned orders, found that the rice stocks in Stack No. 2-D/1 out of three stacks were received by him and the storage loss to the extent of 9.42% has been observed which is abnormal as beyond 2%. Therefore, a penalty of Rs. 36,513.40 was imposed on the petitioner. The said order has been affirmed in appeal as well.;