-1- Civil Writ Petition No.1008 of 2007. IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Date of Decision: April 08 ,2008. Braham Singh ... Petitioner VERSUS Managing Director, Uttari Haryana Bijli Vitran Nigam Limited, Panchkula, and others ... Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA. HON'BLE MR.JUSTICE MOHINDER PAL. 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 ? Present: Mr. Sailender Singh, Advocate, for the petitioner. Mr. Narinder Hooda, Advocate, for the respondents. -.- MOHINDER PAL, J. The petitioner retired as Lower Division Clerk (for short `L.D.C') from Uttari Haryana Bijli Vitran Nigam Limited, Sonepat (for short `the Nigam') on September 30, 1997, on attaining the age of supernnuation. On May 24, 1993, in the -2- Civil Writ Petition No.1008 of 2007. course of performing his official duty, the petitioner was going to Bank to deposit Rs.8,65,058.92 by way of Cheques issued by the consumers and Rs.80,768.16 in cash. The amount was looted by some miscreants and a criminal case in this regard was lodged at Police Station City, Sonipat, on the same day on the complaint of the petitioner. On account of loss of Cheques, there had been no loss to the Nigam. Accused were arrested and an amount of Rs.25,000/- was recovered from the accused. This amount was deposited with the Nigam. Motor cycle purchased from looted money had also been recovered. The Nigam estimated the total loss occurred at Rs.56,193.16. This amount was made good by the Nigam by deducting it from the gratuity amount of the petitioner. The petitioner was promoted as Upper Division Clerk (for short `U.D.C') on August 06, 1993 vide order Annexure P-1. However, the said promotion was kept in abeyance by the Nigam. The petitioner was also charge-sheeted on December 17, 1993, on the allegation that he did not ask for the guard or the vehicle of the Nigam from the Sub Divisional Officer concerned at the time of depositing the amount in the Bank and, thus, rendered himself liable for disciplinary action. The main accused, namely, Maha Singh, from whom recovery of Rs.25,000/- and motorcycle was effected by the police, died during the pendency of the criminal case and rest of the accused were acquitted by the trial Court by giving them benefit of doubt. The petitioner had earlier filed Civil Writ Petition -3- Civil Writ Petition No.1008 of 2007. No.14788 of 2006 seeking a direction to the Nigam to pay the revised pension to him on the post of U.D.C after giving him notional promotion with effect from August 06, 1993 and other revised retiral benefits with a further direction to release the withheld amount of Rs.56193.16 of gratuity. This writ petition was disposed of on September 15, 2006, with a direction to the Nigam to take cognizance of the legal notice sent by the petitioner and decide the same. Vide order dated November 30, 2006, the legal notice sent by the petitioner claiming withheld amount of Rs.56193.16 and notional promotion to the post of U.D.C has been rejected. Hence this writ petition. In the reply filed by the Nigam, it has been pleaded that while carrying the cash and cheques of the Nigam for depositing the same in the Bank, the petitioner had misconducted himself by not asking the Sub Divisional Officer to provide the Nigam Vehicle for depositing the cash safely in the Bank. It was due to negligence of the petitioner that the money was looted by the miscreants and conduct of the petitioner was also suspicious in this regard. We have heard Mr. Sailender Singh, Advocate, appearing for the petitioner and Mr. Narinder Hooda, Advocate, appearing for the respondents and have perused the record. As stated above, the main accused Maha Singh died during the pendency of trial and criminal proceedings abated against him. The remaining accused were acquitted by the trial Court. The amount of Rs.56,193.16 was deducted from the gratuity of the petitioner and promotion given to him as U.D.C -4- Civil Writ Petition No.1008 of 2007. on August 06, 1993, was withheld by the Nigam. The petitioner was charge sheeted. He submitted reply to the charge sheet. After perusing his reply, the Nigam decided not to proceed further and the departmental inquiry was dropped. After the incident dated May 24, 1993, the petitioner continued in service for more than four years till his superannuation on September 30, 1997. Except the incident in question, the service career of the petitioner was ubblemished as nothing has been stated against him either in the written statement or in the impugned order. So far as the allegation against the petitioner that he connived with the accused is concerned, no material is available on record against the petitioner and this allegation remained unproved. In fact, the First Information Report was lodged by the petitioner. So far as the charge of misconduct and negligence against the petitioner is concerned, in the reply dated February 19, 1994 (Annexure P-2) filed by him to the charge sheet, he stated that the vehicle was rarely available for depositing the cash and he had left with no alternative but to deposit the cash all alone. He further mentioned that it was a routine practice and as usual he went to deposit the amount in the Bank. The petitioner cannot be held responsible for the incident. The accused were arrested. Rs.25,000/- and a motorcycle purchased from the looted money were also recovered. Under the circumstances, it also cannot be presumed that the petitioner would have shared the looted amount of Rs.80765.16 with the accused persons. For the aforesaid reasons, this writ petition is -5- Civil Writ Petition No.1008 of 2007. allowed, the impugned order is set aside and the respondents are directed to release the withheld amount of gratuity to the petitioner. The respondents are further directed to release revised pension and other retiral benefits to the petitioner after giving him notional promotion as U.D.C with effect from August 06, 1993. ( HEMANT GUPTA ) ( MOHINDER PAL ) JUDGE JUDGE April 08, 2008. ak