IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 17582 of 1991. Date of Decision: 27th April, 2009. Dr. Harmanohar Lal ....Petitioner through None Versus State of Haryana & Ors. .Respondents through Mr. R.D.Sharma, Sr. DAG, Haryana. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL) The petitioner seeks quashing of the orders [Annexures P-2, P-4, P-7, P-8 and P-9]. He also seeks a prohibitory direction against the respondents not to affect recovery of Rs.17785/- from him. The petitioner is a MBBS Doctor who joined the Haryana Civil Medical Service Class-II on 24.4.1969 as an Assistant Medical Officer. He was served with a charge-sheet dated 4.4.1988 under the Haryana Civil Service [Punishment and Appeal] Rules, 1987, inter- alia, alleging his failure to maintain the accounts of medicines in a proper manner and causing loss to the tune of Rs.17785/-. The petitioner's explanation was found unsatisfactory and consequential recovery order for the aforementioned amount was passed against him as a punitive measure. His appeal/revision petition also failed, prompting him to approach this Court. While admitting this writ petition, a Division Bench of this Court vide order dated 30.1.1992 stayed recovery of the disputed amount from the petitioner's salary. As noticed earlier, the petitioner had joined the service on 24.4.1969. He has already attained the age of superannuation during the pendency of this writ petition. Since no recovery could be affected from the petitioner in the light of the interim order passed by this Court, which is operating from last over 17 years, it would be too iniquitous to permit the impugned recovery from the petitioner's post- retiral benefits. The record further reveals that during the period when the proper record of the medicines was allegedly not maintained, no Pharmacist was posted with the petitioner and he used to run the dispensary with the assistance of a Class-IV employee only. Ordinarily, it is the duty of a Pharmacist to maintain the records of the medicines and the Medical Officer, whose primary task is to look after the patients, is not expected to perform that type of ministerial job. There are no allegations of mis-appropriation or mis-use of the medicines. For those reasons also, I am of the considered view that the impugned orders can not sustain in law. The writ petition is accordingly allowed and the impugned orders [Annexures P-2, P-4, P-7 to P-9] are hereby set aside. The respondents are directed to release the post retiral benefits of the petitioner, if he is otherwise entitled to the same and if have been withheld on account of pendency of this writ petition, forthwith. No costs. April 27, 2009. ( SURYA KANT ) dinesh JUDGE