judgment

S.B. Sinha, J. —

1.Order dated 12.2.2007 is recalled.

2.Leave granted.

3.Appellant was an Assistant Grade-III (AG-III) in one of the Food Storage Depots of Food Corporation of India. 295 bags of wheat and 195 bags BTB Class gunny bags were found missing when special physical verification was conducted by the physical verification squad during the period 7.1.1980 and 22.1.1980.

4.One Bhoop Singh was the unit in-charge of the godown. Appellant, Rattan Singh and one Kunwar Singh were working thereat as the Assistant Grades Clerk. Shortages in the said depots were suspected. The godowns were sealed. Physical verifications were made by Physical Verification Squad (PVS). Stock checking exercises were carried out in the said godown during the period 7.1.1980 to 22.1.1980. 295 bags of wheat and 195 bags of gunnies in Unit No.1 of which Bhoop Singh was the in-charge, were found short.

The contents of the vigilance report were verified by one Shri Panchhi. Apart from Bhoop Singh, Nahar Singh and Kunwar Singh were posted there. Shortages and excesses were found in 12 stacks of wheat. The total shortages were found to be 295 bags of wheat and the excess amounted to 11 bags only. Whereas sh