The main legal point established in the judgment is that the judicial review of charge sheets at the threshold is not encouraged, and the courts lack the mechanism to substitute the departmental inquiry process.

M.M.Kumar, J.

1. This judgment shall dispose of instant petition bearing C.W.P. No. 11662 of 2004 and other 29 connected writ petitions (for details see footnote at the end of this judgment) as common question of law and facts have been raised. For understanding the contour of controversy, the facts are being referred from C.W.P. No. 11662 of 2004.

2. Challenge in this bunch of petitions is to the charge sheet issued by the Punjab State Co-operative Supply and Marketing Federation Limited (for brevity, the Markfed) leveling allegation that the petitioners in connivance with other staff are responsible for the shortage of paddy, which has been allegedly embezzled. There are allegations that the petitioner by his acts of omission and commission has caused huge loss amounting to crores of rupees. For the sake of convenience, the charge sheet issued to the petitioner in C.W.P. No. 11662 of 2004, is referred and the same reads as under:

CHARGES IN BRIEF AGAINST SH. M.P. DOGRA, FO/BR INCHARGE. He is alleged to be

guilty for causing loss of Rs. 1,81,41,199.77 relating to paddy crop 97-98 in

connivance with S/Shri Raj Singh, F.O. and Gurcharan Singh, F.O. (Retd.),

which is a serious mis-conduct on his part.

Managing Director

Markted

CHARGES IN DETAIL AGAINST SHRI M.P.DOGRA, FO/BR. INCHARGE.

While working as Branch Incharge in Markfed Branch Office, Muktsar, he was the

joint custodian of following rice shellers with S/Shri Raj Singh, F.O.,

Gurcharan Singh, F.O. (Retd.) relating to paddy crop 97-98 as per detail below:

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Sr. No. Name of the Sheller Joint custody with

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1. M/s Abhisek Industries Muktsar Raj Singh, F.O. (U/S)

2. M/s M.L. Kalra Rice & Gen. Mills, Muktsar. -Do-

3. M/s Paradise Rice Mill, Muktsar -Do-

4. M/s Anil Rice Traders, Gurcharan Singh, F.O.(Retd.)

5. M/s Krishna Jai Trading Co., Muktsar -Do-

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Upto 31.12.2001, following quantity of stocks were found short in these mills

valuing Rs. 1,81,41,199.77. The detail of sheller-wise shortage is as under:

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Sr. Name of rice mill Paddy Rice Loss @ 653.80 per

No. Bags Wt. Qtl. Rice

PR-

106

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1. Abhishek Inds. 397 258.05 1,68,713.09

2. Anil Rice Traders 510 331.50 2,16,634.70

3. M.L. Kalra & Rice 3964 2576.60 16,84,581.08

Gen. Mill

4. Paradise Rice Mill 36751 23888.15 156,18,072.47

5. Krishna Ji Trading Co. 919 597.35 3,90,547.43

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42,541 27,651.65 1,80,78,648.77

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IR-

108

1. Anil Rice Traders 156 101.40 62,551

@

616.87

He is, thus, alleged to be guilty for causing loss of Rs. 1,81,41,199.77 relating

to paddy crop 97-98 in connivance with S/Shri Raj Singh, F.O. and Gurcharan Singh,

F.O. (Retd.), which is a serious mis-conduct on his part.

Sd/-

Managing Director

Markted

3 According to the assertions made by the petitioner, when paddy is entrusted by t