Non-supply of inquiry report violates natural justice but is cured by subsequent supply with penalty order if no prejudice shown; criminal acquittal on technical grounds does not bind disciplinary proceedings with differing evidence.

JUDGMENT :

SATYEN VAIDYA, J.

1. Aggrieved against impugned order/resolution dated 22.06.2013, Annexure P-14 issued by respondent No.2, petitioner has filed the instant petition for following substantive reliefs:

(i) That this Hon’ble Court may kindly be pleased to issue a Writ of Certiorari quashing the impugned order/a copy of resolution dated 22nd June, 2013, Annexure P-14.

(ii) That this Hon’ble Court may kindly be pleased to direct the respondents to produce before this Hon’ble Court the entire record of the case.”

2. The order impugned herein has been passed by the Board of Directors of Himachal Pradesh State Civil Supplies Corporation Ltd., whereby the services appeal of petitioner has been rejected.

3. The petitioner was posted as Incharge of Retail Shop Himachal Pradesh State Civil Supplies Corporation Ltd. (for short “HPSCSC”), Auckland, Shimla from 05.05.1989 to 21.02.1990. It was alleged that on inspection of the retail shop of Auckland in January, 1990 extra ordinary shortage of essential commodities was noticed. Consequently, the petitioner faced disciplinary action as also criminal trial under Section 409 of the IPC. In criminal trial, petitioner was acquitted by the learned Judicial Magistrate 1st Class (II), Shimla in case No. 7/1 of 1993 vide judgment dated 07.06.1999. The acquittal of petitioner was challenged by the State of Himachal Pradesh before this Court in Criminal Appeal No. 386 of 1999, which was dismissed vide judgment dated 03.08.2010.

4. The petitioner was served with charge memo with following Articles of Charge:-

“ARTICLE OF CHARGE-1

That the said Sh. Mohan Lal Thakur, while functioning as Sale Depot Incharge at H.P. State Civil Supplies Corporation Limited, Retail Shop, Auck Land (Lakkar Bazar, Shimla Town, during the period from the 1st April, 1989 to 21 February, 1990, has failed to maintain devotion to duty and absolute integrity. He has not maintained proper record / accounts of the said Shop as per procedure of the Corporation. As soon, he had misappropriated /embezzled corporation's stocks / funds to the tune of Rs. 60,795.98 paise, (Rupees Sixty Thousand Seven Hundred Ninety Five and Paise Ninety Eight only). Thus violated Rule -3 of Central Civil Service (Conduct) Rules, 1964 and bye laws 13 & 15 of the Corporation.

ARTICLE OF CHARGE-II

That during the aforesaid period and while functioning in the aforesaid Retail Shop of H.P. State Civil Supplies Corporation Ltd. As Sale Depot Incharge, the said Sh. Mohan Lal Thakur, has misappropriated / embezzled Corporation's stocks / funds to the tune of Rs. 29,979.79 paise (Rupees Twenty Nine Thousand Eight Hundred Seventy Nine and paise Seventy eight only) by selling essential commodities handled by him on behalf of the corporation, in black market for his wrongful gain. The matter was detected at the time of inspection.”

5. The petitioner contested the charge in regular inquiry under Rule 14 of the CCS (CCA) Rules conducted against him. The inquiry report submitted by the Inquiry Officer indicted the petitioner and found both the charges proved against him.

6. The disciplinary authority concurred with the findings of the Inquiry Officer and imposed the major penalty of removal from service vide order dated 30.03.1991.

7. The petitioner assailed the punishment order by availing remedy of service appeal before the Board of Directors of HPSCSC (for short “BOD”). The BOD dismissed the service appeal of the petitioner vide order dated 27.03.1992. The said order was assailed by the petitioner before the erstwhile State Adminis