CWP(T) No. 10407/2008 28.04.2011 Present: Mr. Kanta Thakur, vice counsel for the petitioner. Mr. Shashi Shirshoo, Advocate, for the respondents Based on the preliminary inquiry dated 18.5.1995 (Annexure RA-1), in terms of letter dated 2.12.2003 (Annexure A-5), respondents are seeking to recover a sum of Rs.16,238/- from the petitioner for the theft which took place allegedly due to the negligence attributable to the petitioner. 2. There is no dispute that petitioner is permanently employed as a Chowkidar with the respondent-Board. There are Rules to deal with the misconduct conducted by an employee. Proper inquiry is to be conducted by the Disciplinary Authority. In the instant case, procedure prescribed in law for holding proper inquiry has not been adhered to and complied with. No doubt, petitioner was associated at the time of conducting preliminary inquiry in relation to the theft which took place in one of the stores manned by the petitioner, but nonetheless the impugned action could not have been initiated without following the procedure prescribed in law. The operation of Annexure A-5 was also stayed on 29.3.2004. 3. For all the aforesaid reasons, Annexure A-5 is quashed with liberty to the respondents to initiate action, if any, in accordance with law. In the event of the respondents deciding to initiate any action against the petitioner, it is expected of him to complete the same within a period of six months from today. 4. With the aforesaid observations, petition stands allowed and disposed of. April 28, 2011 ( Sanjay Karol ), (rana) Judge.