C.R. 3402 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. 3402 of 2009 Date of decision:- 16.11.2009 Ajaib Singh petitioner vs Punjab State Civil Supplied Corporation Ltd. And others Respondent Present: Mr.Ashish Grover, Advocate for petitioner. M.M.S.BEDI,J. Vide impugned order dated 27.3.2009, an application filed by defendant- petitioner under Order 7 Rule 11 CPC has been dismissed by the trial court observing that the petitioner cannot draw any benefit from the observations made by the Apex Court in Punjab State Civil Supplies Corp. Ltd. vs. Sikandar Singh AIR 2006 SC 1438 on the ground that recovery of loss caused by an employee can be recovered in disciplinary proceedings and that it would not give rise to cause of action for suit for recovery of money for the loss caused. Learned counsel for the petitioner has contended that in the present case, the suit of the plaintiff- respondents for recovery of sum of Rs.9,13,040/- is not maintainable as the subject matter of the disciplinary proceedings and the civil suit is same and the petitioner has already been dealt with by the department under Rule 8 of Punjab Civil Services Punishment and Appeal Rules, 1970 vide order dated 24.3.2008, in which his liability has already been determined, pertaining to the same alleged shortages/ embezzlement. After hearing learned counsel for the petitioner and going C.R. 3402 of 2009 2 through the issues, which have been framed, I am of the opinion that the trial court is required to adjudicate upon all the issues, which have already been framed. Under Issue No.4 as to whether the suit of the plaintiff- respondents is legally maintainable in context to the findings of the trial court on Issues 1, 4 and others, it has to be determined by the trial court as to what relief the plaintiff- respondents are entitled. The applicability of ratio of judgment of the Apex Court in Punjab State Civil Supplies Corporation Ltd. (supra) will have to be determined while deciding issues 1,4 and 8. It is ordered that the observations made by the trial court while disposing of the application under Order 7 Rule 11 CPC will not , in any manner, prejudice the rights of the defendant- petitioner. Nothing mentioned in the order dated 27.3.2009 will affect the merits of the case. The trial court will, in context to the evidence produced by the plaintiff, while deciding issues 1,4 and 8 would re-determine independently afresh the applicability of judgment in Punjab State Civil Supplies Corp. Ltd. vs. Sikandar Singh, AIR 2006 SC 1438. In case the defendant is found entitled to the benefit of law laid down in the above said judgment, the trial court will, in the light of evidence led, determine the liability , if any, of the defendant- petitioner. The revision petition stands disposed of in the above terms. November 16 ,2009 (M.M.S.BEDI) TSM JUDGE