Tejinder Singh Dhindsa, J.

The petitioner who was serving as Assistant Food and Supplies Officer under the Food and Supplies Department, State of Haryana, instituted the instant writ petition in the year 1995 impugning the order dated 14.8.1995, Annexure P8, whereby he was pre-maturely retired from service upon attaining the age of 55 years. Further challenge laid in the instant writ petition is to the order dated 3.7.1995 at Annexure P7 whereby a penalty of stoppage of four annual increments with cumulative effect and recovery to the extent of ` 1,08,928.56P has been imposed upon the petitioner. At the very outset, Mr. J.V. Yadav, learned counsel appearing for the petitioner would make a statement that he is giving up the challenge to the order dated 3.7.1995 at Annexure P7 and, as such, is confining the scope of the instant writ petition only as regards questioning the action of the respondent-State in having retired the petitioner pre-maturely upon attaining the age of 55 years. Even in this regard, learned counsel would submit that since the petitioner has already crossed the normal age of superannuation, in the eventuality of this writ petition being allowed, the petitioner shall not claim any arrears of salary for the period in question.

2. Brief facts that would require notice are that the petitioner joined service on the post of Sub Inspector in March 1960 under the Department of Food and Supplies in the erstwhile State of Punjab. The petitioner was promoted as Inspector Food and Supplies in the year 1963 and upon re-organization of the State of Punjab, his services were allocated to the state of Haryana. The petitioner was promoted as Assistant Food and Supply Officer in August, 1973.

3. Vide memo dated 23.12.1986, respondent No. 2 issued a charge sheet to the petitioner under Rule 7 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952 raising the following two articles of charge:

i) That Shri Angoori Lal neither inspected the godown and stocks at Jakhal in accordance with the provisions contained in P.R. Manual para-1, para-II nor bothered to intimate the condition of stocks to the District Food and Supplies controller when the stocks were infested with khapra. He has been found negligent in the discharge of his duties.

ii) That Shri Angoori Lal did not inspect the P.R. Centre every month in accordance with the instructions contained in letter No. AFSO-F-85/247777 dated 1.8.85. He neither recorded certificate on P.R. 38 on emptied of godown. He failed to discharge his duties as supervisory officer and caused heavy loss to Government.

4. The reply submitted by the petitioner having been found to be unsatisfactory, an Enquiry Officer was duly appointed. The Enquiry Officer upon due appreciation of evidence adduced on record submitted enquiry report dated 31.7.1990 exonerating the petitioner of both the charges. However, respondent No. 2 issued show cause notice dated 23.1.1992 upon disagreeing with the findings furnished by the Enquiry Officer and provisionally formed an opinion to impose the penalty of reduction in rank from the post of Assistant Food and Supply Officer to the post of Inspector, Food and Supplies for a period of five years apart from effecting recovery of ` 2,59,638.08P. In the light of a subsequent memo dated 2/8.7.1992, the figure as regards recovery was modified to read as ` 2,72,321.41P. The petitioner duly responded to the show cause notice. However, after a period of more than two years, order dated 29.11.1994, Annexure P6, was issued reverting the petitioner to the post of Inspector, Food and Supplies for a period of five years and directing a recovery of ` 2,72,321.41P. The petitioner availed of his remedy by filing a statutory appeal which was partly accepted in the light of passing an order dated 3.7.1995 and the earlier order of penalty passed by the Director, Food and Supplies was modified. The order of reversion to the post of Inspector, Food and Supplies was set aside and punishmen

Click Here to Read the rest of this document