C.R. 3402 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB
AND HARYANA AT CHANDIGARH.
C.R. 3402 of 2009
Date of decision:- 16.11.2009
Ajaib Singh
petitioner
vs
Punjab State Civil Supplied Corporation Ltd. And others
Respondent
Present: Mr.Ashish Grover, Advocate for petitioner.
M.M.S.BEDI,J.
Vide impugned order dated 27.3.2009, an application filed by
defendant- petitioner under Order 7 Rule 11 CPC has been dismissed by
the trial court observing that the petitioner cannot draw any benefit from the
observations made by the Apex Court in Punjab State Civil Supplies
Corp. Ltd. vs. Sikandar Singh AIR 2006 SC 1438 on the ground that
recovery of loss caused by an employee can be recovered in disciplinary
proceedings and that it would not give rise to cause of action for suit for
recovery of money for the loss caused.
Learned counsel for the petitioner has contended that in the
present case, the suit of the plaintiff- respondents for recovery of sum of
Rs.9,13,040/- is not maintainable as the subject matter of the disciplinary
proceedings and the civil suit is same and the petitioner has already been
dealt with by the department under Rule 8 of Punjab Civil Services
Punishment and Appeal Rules, 1970 vide order dated 24.3.2008, in which
his liability has already been determined, pertaining to the same alleged
shortages/ embezzlement.
After hearing learned counsel for the petitioner and going
C.R. 3402 of 2009 2
through the issues, which have been framed, I am of the opinion that the
trial court is required to adjudicate upon all the issues, which have already
been framed. Under Issue No.4 as to whether the suit of the plaintiff-
respondents is legally maintainable in context to the findings of the trial
court on Issues 1, 4 and others, it has to be determined by the trial court as
to what relief the plaintiff- respondents are entitled. The applicability of ratio
of judgment of the Apex Court in Punjab State Civil Supplies
Corporation Ltd. (supra) will have to be determined while deciding issues
1,4 and 8. It is ordered that the observations made by the trial court while
disposing of the application under Order 7 Rule 11 CPC will not , in any
manner, prejudice the rights of the defendant- petitioner. Nothing
mentioned in the order dated 27.3.2009 will affect the merits of the case.
The trial court will, in context to the evidence produced by the plaintiff,
while deciding issues 1,4 and 8 would re-determine independently afresh
the applicability of judgment in Punjab State Civil Supplies Corp. Ltd.
vs. Sikandar Singh, AIR 2006 SC 1438. In case the defendant is found
entitled to the benefit of law laid down in the above said judgment, the trial
court will, in the light of evidence led, determine the liability , if any, of the
defendant- petitioner.
The revision petition stands disposed of in the above terms.
November 16 ,2009 (M.M.S.BEDI) TSM JUDGE