IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 10715 of 2006 Date of Decision: 21.1.2009. Sunil Singh ---Petitioner Vs. State of Punjab and others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. R.C. Chatrath, Advocate for the petitioner. Ms. Charu Tuli, Sr. D.A.G., Punjab. *** PERMOD KOHLI.J (ORAL) Petitioner was appointed as Conductor on 24.8.1972 and was later promoted as Booking Clerk on 8.10.1987. It is further submitted that petitioner was promoted as Inspector on 12.11.1998. Petitioner was posted as Booking Clerk on 7.6.1988 at Nangal Depot, Nangal. Before taking over the charge from Sh.Inder Pal, petitioner found the shortage of tickets amounting to Rs. 16,855/-, which fact was recorded at the time of taking over the charge by the petitioner from Sh. Inder Pal as is evident from Annexures P-3 and P-4. An enquiry was conducted and it was found that Sh.Balwinder Singh, Ticket Verifier and Sh. Inder Pal Singh, B.I.M were responsible for the said lapse as is apparent from the report dated 25th July, 1990. Consequently, vide order dated 19th August, 1991 recovery was ordered to be made from Sh.Balwinder Singh, Ticket Verifier in 17 installments (Annexure P-7). Thereafter, the petitioner was issued memorandum/charge sheet dated 13.1.2005 i.e. after about 15 years in respect to the same CWP No. 10715 of 2006 -2- shortage of the tickets amounting to Rs. 16,855/- by the Principal Secretary, Govt. of Punjab, Transport Department. It is this order, which is under challenge in this petition. Vide order dated 18th July, 2006 at the time of issuance of notice of motion, the departmental proceedings against the petitioner were stayed. Reply has been filed. Though, it is stated that there was negligence of the petitioner, however, the respondents have failed to place on record any material to show that the shortage occurred during the tenure of the petitioner. To the contrary, petitioner's specific claims made in the writ petition have not been denied. Respondents have also not denied the recovery being made from Sh.Balwinder Singh regarding the same shortage. However, it is mentioned that Sh.Inder Pal Singh had expired and the recovery was effected from Sh. Balwinder Singh. Under the given circumstances, the impugned memorandum of charge sheet is totally unwarranted and illegal. This petition is accordingly allowed. The impugned memorandum dated 13.1.2005 is hereby quashed. (PERMOD KOHLI) JUDGE 21.1.2009 lucky