IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 4619 of 2004 Date of Decision: 23 - 9 - 2010 Gurdial Singh (deceased) through L.Rs. ....Petitioner v. Shiromani Gurdwara Parbandhak Committee ....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Ms.Veena Sapra Kataria, Advocate for the petitioners. Mr.Sukhbir Singh, Advocate for the respondent. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioners are the legal representatives of Gurdial Singh, who at the relevant time was posted as a Clerk in the Flying Squad of Shiromani Gurdwara Parbandhak Committee (hereinafter to be referred as,`SGPC'). It is stated in the written statement that petitioner was negligent in performance of his duties and he was present in the Gurdwara when 300 quintals of wheat was taken out of the Gurdwara without issuance of any receipt of store and without depositing the wheat in the store. Out of this wheat, 113 quintals of wheat was sold to Amit Trading Company and sale proceeds of 187 quintals of wheat was deposited in the account of the Gurdwara, whereas sale proceeds of 113 quintals of wheat was embezzled by three employees of SGPC. Mr.Sukhbir Singh, Advocate appearing for respondent-SGPC has stated that petitioner has been held liable to pay 1/3rd of 113 quintals of wheat at the rate of Rs.620/- per quintal. To controvert this, Ms.Vanita Sapra Kataria, counsel appearing for the petitioner has referred to Annexures P10 and P11, wherein the petitioner has been fastened with the liability of sale proceeds of 98 quintals of wheat at the rate of Rs.620/- per quintal. At this Mr.Sukhbir Singh has stated that orders shall be modified and the petitioner shall be held liable for recovery of 1/3rd of sale proceeds of 113 quintals of of wheat at the rate of Rs.620/- per quintal. The statement made by Mr.Sukhbir Singh is acceptable to counsel for the petitioner. In view of the aforesaid, the present petition is disposed of in terms of the statement made by Mr.Sukhbir Singh, counsel for the respondent and the petitioner is held liable for recovery of 1/3rd of the sale proceeds of 113 quintals of wheat at the rate of Rs.620/- per quintal. After deducting the amount so calculated, the entire retiral benefits which had accrued to deceased Gurdial Singh, be paid to his legal representatives. The needful shall be done within two months from the date of receipt of a certified copy of this order. ( KANWALJIT SINGH AHLUWALIA ) September 23, 2010. JUDGE RC