M.L.Singhal, J.

1. Mohinder Singh Cheema (hereinafter to be called as "delinquent") was working as Manager with Punjab State Cooperative Supply & Marketing Federation Limited (hereinafter to be referred as "Marked"), Chandigarh at Shri Hargobindpur Co-operative Marketing Society Ltd. He was charged sheeted as follows:-

"A wheat special was scheduled to be loaded from Shri Hargobindpur on 8.5.77. You were directed by the DMO, Gurdaspur to supervise the standardisation work at C.M.S. Shri Hargobindpur. The flying squad paid a surprise visit to the society and found the wheat hags weighing as less as 87 Kg. Further, 50% wheat bags were of unstandard weight. Thus, you in connivance with FCI, Markfed and the staff of the Society, embezzled Markfed wheat stocks to the extent the wheat bags were found short in weight than the standard weight."

2-3 Shri H.S. Grewal, Deputy Manager (Marketing), was appointed as inquiry officer. Inquiry Officer exonerated the plaintiff of the charge. Managing Director of the Markfed, however, did not agree with the findings of the inquiry officer. He held that even though there was no direct evidence to prove that the delinquent had actually embezzle