- (1.) The petitioner has approached this court by filing the instant writ petition under Article 226 of the Constitution with a prayer for quashing Memorandum No.7104 dated 16.5.2007 (Annexure P-3) issuing charge sheet to him by the Managing Director, Punjab State Warehousing Corporation, respondent no.2 with the allegation that less storage gain of 406.72 quintals of wheat stock pertaining to the crop year 1998-99 has been given by him.
(2.) Brief facts of the case are, that the petitioner after rendering long service has retired from Punjab State Warehousing Corporation (for brevity, 'the Corporation') on 30.11.2006. On 11.5.2007, the Corporation-respondent has deducted a sum of Rs.4,97,510.00/- from the post retiral benefits of the petitioner, although, it has released balance amount of all other pensionary benefits. On 16.5.2007, a charge sheet has been issued to the petitioner with the allegation that he along with Sh. Darshan Singh, Warehouse Manager has delivered 171912 bags weighing 162438.34 Qtls. of wheat to the respondent-Corporation pertaining to the crop year 1998-99 at State Warehouse, Batala after the storage period of three months and has given less storage gain thereby causing loss of Rs.455010.24 paise to the Corporation including 50% incidental charges. The petitioner filed reply to the charge sheet on 21.6.2007 taking the stand that no disciplinary action could be initiated against him after such an inordinate delay and placed reliance on Rule 2.2(b) of Punjab Civil Services Rules, Volume II, Part I (for brevity 'the Rules'). A copy of the reply has been placed on record as Annexure P-4.
(3.) In response to the notice of motion issued by this Court, the respondents have filed reply and it has admitted facts about the date of charge sheet and the filing of reply. It has been claimed that the petitioner has been charge sheeted for causing financial loss to the Corporation while working at the State Warehouse, Batala.;