O R D E R

1. The instant petition has been filed by ld. counsel for the applicant with following relief:

a) Quash order dated 22.06.2011 passed by respondent no. 2 whereby penalty of censure and recovery of Rs. 4,60,188/- (Rupees Four Lac Sixty Thousand One Hundred Eighty-eight only) as pecuniary loss has been ordered to be deducted from the applicant’s salary @ Rs. 10,000/- (Rupees Ten Thousand only) and Memorandam dated 14.03.2011 issued by respondent no. 2, whereby applicant has been charged with allegations of lack of devotion and integrity on account of failure to clear the outstanding amount of Rs. 4,60,188/- (Rupees Four Lac Sixty Thousand One Hundred Eighty-eight only) lying with the balance-sheet.

2. The brief facts of the case is that the applicant is presently working with Railways as Chief Reservation Supervisor/Jammu Tawi. In the year 2008, the applicant was working as Chief Reservation Supervisor / Jammu Tawi and Sh. P.P. Singh was working under him as a Clerk. On 20.06.2008, when Sh. P.P. Singh was on duty in the evening shift at Ticket Counter No. 2734, 18 tickets went missing in the ticket roll at Railway Station, Jammu, which P.P. Singh had to account for. On the instructions of the applicant who was the supervisor and over-all in-charge, an FIR in this regard was lodged with SHO GRP/JAT and a notification the Northern Railway Gazette was also issued intimating the loss of tickets, the matter was also reported to respondent No. 2.

The respondent No. 2 vide its Notice / Letter dated 22.01.2009 held Sh. P.P. Singh to be liable for the loss of tickets from the ticket roll worth Rs. 4,60,188/- and called upon him to deposit the amount within seven days of the notice failing which Discipline and Appeal Rules, 1968 proceedings were to be initiated against him. Sh. P.P, Singh questioned the notice dated 22.01.2009 by filing a writ petition in this Hon'ble High Court being SWP No. 347/2009 in which this Hon'ble Court deferred the recovery of the amount of Rs. 4,60,188/- till the disposal of the writ petition which is still sub-judice. Because of the pendency of the P.P. Singh's writ petition, respondents were disabled to initiate any recovery proceedings against him. Although the respondents were disabled to initiate any enquiry in the subject matter, yet a Memorandum was issued by respondent No. 2 to the applicant dated 14.03.2011, wherein he was charged with the allegations of lack of devotion and integrity on account of his failure to clear the outstanding amount of Rs. 4,60,188/- lying in the balance sheet of Northern Railways. The applicant immediately responded to the memorandum on 31.03.2011 saying that the memorandum needed to be withdrawn because there was no dereliction of duty by the applicant in that the recovery could not be effected because of the pendency of the writ petition filed by the P.P. Singh and in view of the order passed by the Hon'ble High Court, whereby the recovery proceedings were deferred. The applicant's plea was summarily and erroneously rejected by respondent No. 2 vide its Order dated 22.06.2011 directing his censure besides recovery of amount of Rs. 4,60,188/- from the applicant's salary in monthly installment of Rs. 10,000/- per month. The applicant is aggrieved of proceedings initiated by respondent No. 2 and orders of issuance of memorandum dated 14.03.2011 and order of penalty dated 22.06.2011 issued against the applicant being without jurisdiction illegal and unwarranted. The applicant craves the indulgence of this Hon'ble Court to annul the proceedings and quash orders dated 14.03.2011 and

22.06.2011. Hence the present writ petition.

3. Ld. counsel for the applicant submitted that the respondents have committed an error of law apparent on the face of record in that the applicant has been saddled with the responsibility to pay the amount which they had found P.P. Singh liable to pay. The imposition of penalty of censure and recovery of amount from the applicant is illegal and witho