JUDGMENT :

Heard Ms. P. Chakraborty, the learned counsel for the petitioner. Also heard Mr. D. Nath, the learned Standing Counsel for the PWD, and Mr. A. Boro, the learned counsel for the respondent No. 7.

1. The petitioner is a retired employee who retired on 31.10.2003 as Junior Engineer, PWD, Assam. The petitioner is aggrieved by the departmental proceeding initiated against him and the subsequent imposition of penalty of recovery of an amount of Rs.20,19,807/-.

2. The counsel for the petitioner submits that the petitioner, who was a Junior Engineer (Civil) and holding the charge of Central Store, under the Executive Engineer, PWD, Rehabari and discharged his duty in the said capacity from 01.06.1987 to 11.10.1991.

3. On 11.10.1991, while petitioner was transferred out of the said charge, the petitioner handed over his charge to the next incumbent and there was a stock discrepancy of Rs. 2,19,671/-which is discernible from the form ‘C’ under the Assam PWD Code (Annexure –C).

4. It is the contention of the learned counsel for the petitioner that after 1 year 6 months of his handing over charge as Store In-charge on 11.10.1991, a show cause notice was issued by the Executive Engineer f