High Court Punjab-Haryana High Court

Sucha Singh vs Punjab Agriculture University … on 11 November, 2008

Punjab-Haryana High Court
Sucha Singh vs Punjab Agriculture University … on 11 November, 2008
CWP No.19218 of 2008                           1




    IN THE HIGH COURT FOR THE STATES OF PUNJAB &
              HARYANA AT CHANDIGARH.

                                      CWP No.19218 of 2008
                                      Date of decision: 11.11.2008

Sucha Singh                                             ...Petitioner

                          Versus

Punjab Agriculture University Ludhiana & others          ...Respondents


CORAM:        HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA
              HON'BLE MR. JUSTICE RAJAN GUPTA

Present:      Mr. M.L. Saggar, Senior Advocate with
              Mr. ABS Sidhu, Advocate, for the petitioner.

Rajan Gupta, J.

The petitioner has prayed for issuance of a writ in the

nature of certiorari for quashing order dated 29th November, 2006,

Annexure P-7 whereby his two increments were stopped with

cumulative effect and recovery of Rs.1,86,625/- was ordered. The

petitioner has also prayed for quashing of order, Annexure P-13

whereby his appeal against the order Annexure P-7 was rejected. He

has also sought a writ of mandamus to direct the respondents to refund

the amount already deducted from his salary.

It has been averred in the petition that the petitioner was

appointed as a Field Assistant on 30th October, 1972 in Punjab

Agriculture University, Ludhiana. The petitioner thereafter worked in

the said University in various capacities. In 2004, allegation was

levelled against him that he had not handed over the complete charge of
CWP No.19218 of 2008 2

the store to his successor while posted as Storekeeper in the Department

of Immunology on his transfer w.e.f. 29th October, 1997 and that a

shortage of articles worth Rs.1,86,625/- had been found therein.

Thereafter, Dr. S.K. Sodhi, Dean, College of Agriculture University was

appointed as the Enquiry Officer by the Vice Chancellor. The Enquiry

Officer conducted the inquiry and submitted his report on 22nd August,

2006 wherein he found that the allegation pertaining to handing over

complete charge of the store to his successor and shortage of

Rs.1,86,625/- stood proved. Thus, a show cause notice dated 15th

September, 2006 proposing penalty of stoppage of two increments with

cumulative effect and recovery of an amount of Rs.1,86,625/- was

proposed. The petitioner submitted his reply to the show cause notice.

However, after considering the same, order Annexure P-7 dated 29th

November, 2006 was passed directing stoppage of two increments with

cumulative effect besides recovery of an amount of Rs.1,86,625/-. The

petitioner preferred an appeal against the impugned order. The same

was rejected by the Board of Management in its meeting held on 22nd

July, 2008. The order, Annexure P-13 dated 7.8.2008 was thus

conveyed to the petitioner.

The petitioner has sought to impugn the order passed by the

Vice Chancellor and the Board of Management before this court through

this writ petition.

We have heard learned counsel for the petitioner and have

given a careful thought to the entire case.

CWP No.19218 of 2008 3

The counsel for the petitioner has drawn our attention to the

documents Annexures P-14 & P-15. It has been contended that the

amount held recoverable from the petitioner is totally against the record.

Various entries in this regard have been referred to. The counsel has

contended that a perusal thereof would show that the findings arrived at

by the disciplinary authority are absolutely incorrect. It has been further

contended that the petitioner could not be held liable for alleged

shortage of articles to the tune of Rs.1,86,625/- as he had handed over

the stocks to his successor as would be clear from a perusal of Annexure

P-15. This apart, the petitioner could not be held liable for shortage of

Rs.43,019/- as the same was in respect of consumable items issued by

the petitioner on the indents of the officials and had been used by them.

A perusal of the order, Annexure P-7 shows that the

disciplinary authority considered the inquiry report submitted by the

Enquiry Officer and thereafter decided to impose the penalty of

stoppage of two increments with cumulative effect and recovery of

Rs.1,86,625/-. All the pleas raised by the petitioner in this petition were

raised before the Enquiry Officer as well as the disciplinary authority.

A finding of fact was arrived at by the Enquiry Officer which was

considered by the disciplinary authority. The Board of Management

also considered the appeal filed by the petitioner and passed the detailed

order, Annexure P-13.

We thus find that the disputed questions of fact which have

been raised in this petition, cannot be gone into in writ jurisdiction. All
CWP No.19218 of 2008 4

the pleas raised by the petitioner in the present writ petition are factual

in nature. The petition does not reveal infringement of any fundamental

constitutional or legal right of the petitioner. We thus do not find it a fit

case to interfere in the writ jurisdiction.

The writ petition is hereby dismissed.

(RAJAN GUPTA)
JUDGE

(ASHUTOSH MOHUNTA)
JUDGE
November 11, 2008
‘rajpal’