CWP No.4853 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.4853 of 2010 (O&M) Date of Decision: 15.03.2011 **** Narinder Singh Sahari . . . . Petitioner VS. Punjab State Co-operative Supply & Marketing Federation Ltd. & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Ms. Jagdeep Bains, Advocate for the petitioner Mr. HS Brar, Advocate for the respondents **** SURYA KANT J. (ORAL) (1). The petitioner retired from the post of District Manager in Markfed w.e.f. 30.04.2008. As his retrial dues are yet to be paid that he has approached this Court. It appears that while in service the petitioner was charge-sheeted on 11.12.1997 for causing loss of over Rs.1 crore in relation to the paddy crop 1994-95. The petitioner though was initially held guilty, however, on a revision petition filed by him before the Financial Commissioner, Cooperation, Punjab, the said authority passed the following order dated 02.05.2007 (Annexure P7) :- CWP No.4853 of 2010.doc - 2 – “In this case the inquiry office has not held the Narinder Singh guilty on any count. In addition, the official took all steps including obtaining postdated cheques to prevent loss to the Govt. The arbitration proceedings were only against the miller. Hence, how can the employee be held accountable for the recovery of the loss which already stands attributed to the miller through a legal arbitration proceedings initiated by the Markfed itself. In view of the above, I find merit in the petition and set aside the impugned orders dated 31.1.2003 (Annexure P/14), 29.11.2004 (Annexure P/15) and 29.8.2005 (Annexure P/16). Order reserved on 23.4.2007 is announced today. Parties be informed.” (2). Similarly in respect of another charge-sheet dated 29.04.2008, the Managing Director of the Markfed exonerated the petitioner vide order dated 21/27.01.2010 (Annexure P10) holding as follows:- As there was no shortage during the tenure of Sh. NS Sahari, SBO (Retd.) as DM, Gurdaspur I am CWP No.4853 of 2010.doc - 3 – inclined to take a lenient view and the charges levelled against him vide Memo No.EST/EAI- 6/08/829 dated 29.04.2008 are hereby dropped. However, our of the paddy crop 2007-08 which was stored at M/s. Saini Gram Udyog, Nainkot under the custody of S/Shri Surinder Pathania, Acctt/BI and Balraj Singh, Salesman (deployed), there is a shortage of 3544 bags 1240.40 quintals of paddy for which arbitration proceedings have been initiated against miller which are under process and a sum of Rs.8,13,231,00 is recoverable from the miller. Thus, I hold both these officials responsible for causing loss to the organisation. Accordingly, they are inflicted with the punishment of stoppage of two annual grade increments with cumulative effect besides the recovery of loss, in case the same is not recovered from the miller.” (3). The first order referred to above dated 02.05.2007 passed by the Financial Commissioner Cooperation, Punjab is under challenge at the instance of respondent-Federation before this Court in CWP No.7847 of 2009 which stands admitted and has been ordered to be heard along with CWP No.4853 of 2010.doc - 4 – CWP No.933 of 2008. Both the cases are still pending consideration. (4). In these circumstances, though the petitioner has been exonerated by the departmental authorities, it would be expedient if he is directed to furnish indemnity bonds to the satisfaction of the respondent-authorities for the release of his retrial dues so that the legal rights of the respondent-Federation in the above-mentioned writ petition are duly protected. (5). The writ petition is accordingly allowed to the extent that subject to the petitioner’s furnishing the indemnity bond to the satisfaction of respondent-authorities, his retrial dues as admissible under the Rules, shall be released within a period of two months from the date of submission of the indemnity bonds. (6). Ordered accordingly. Dasti. 15.03.2011 vishal shonkar (S u r y a K a n t) Judge