CWP(T) No. 4387/2008 (OA 1099/97) 30.4.2009 Present: Ms. Sulochana Kaundal, Advocate, vice Mr. O.P. Thakur, Advocate for the petitioner. Mr. R. K. Sharma, Sr. Addl. Advocate General with Mr. Vivek Thakur, Addl. Advocate General and Mr. Anil Jaswal, Dy. Advocate General for respondent No. 1. Mr. Dilip Sharma, Advocate, for respondent No.2. The petitioner was working with respondent No. 2, HPMC, prior to his appointment with respondent No.1. For his alleged acts of omissions and commissions, in terms of letters dated 20.3.1997 (Annexure A-8), 17.3.1997 (Annexure A-6) issued by respondents, petitioner was asked to deposit Rs. 68,376/-, the same being the amount of recovery on account of shortage of culled fruits for the period for which the petitioner was working with respondent No.2. Respondent No.2 fixed the petitioner’s liability for the aforesaid amount in terms of letter dated 14.2.1997 (Annexure A-5). These actions of the respondents have been assailed by the petitioner on the ground that prior to the determination of the amount, sought to be recovered no inquiry was held by associating him. Letter dated 14.2.1997, fixing the petitioner’s liability refers to the order passed by the Central Sales Manager, HPMC, Shimla. Even while passing the said order the petitioner was not associated in any manner. -2- The recovery of the amount entails civil consequences. Hence no action ought to have been taken without compliance of the principles of natural justice. On this short ground alone Annexure A-5 and as a consequence thereof Annexure A-6 and Annexure A-8 are quashed. Liberty however granted to respondent No.2 to conduct a proper inquiry, by associating the petitioner and affording him due opportunity of hearing/representation, in accordance with law. Since the matter pertains to the year 1993 it is expected of the respondents to conclude the inquiry within a period of six months from today. Liberty granted to the petitioner to take recourse to such remedies, as may be available in accordance with law. With these observations the present petition stands disposed of. Dasti copy. (Sanjay Karol), Judge. April 30, 2009 (PK)