The tribunal upheld the recovery orders against an employee for alleged misconduct, affirming the authority to impose penalties under administrative control and determining adequate opportunity for defense was provided during inquiry.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No. 2102/2018 was transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and was registered as T.A. No. 61/3736/2020 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court with following prayer:

“(i) The office order endorsement No. DSHO/RBN/2018-19/1675-85 dated 08.09.2018 issued by respondent no. 3 whereby the recovery has been ordered to be made and penalty imposed for an amount of Rs. 99119/-.

(ii) The communication No. DSHO/Rbn/2018-19/1453-57 dated 20.08.2018 whereby an amount of Rs. 39329/- has been ordered to be recovered from the petitioner and Dr. G.M. Bali on 50% basis as being constitutional, illegal and without jurisdiction.

With

A further writ of mandamus commanding the respondents from making the aforesaid recovery from the petitioner.

Costs of the petition with such other additional or alternate relief, which this Hon'ble court may in the facts and circumstances of the case deem fit and proper, be also awarded in favour of the petitioner.”

3. The facts of the case as averred by the petitioner in his pleadings are as follows:

a. That the petitioner is a permanent resident of the State of Jammu and Kashmir and Citizen of India. He is, therefore, entitled to the protection of fundamental, statutory and other legal rights in force in the State.

b. That the petitioner was appointed as Shepherd on 21-2- 1978. Subsequently, on the basis of his hard work and devotion towards the duties, he was promoted as Stock Assistant on 10-8-1982. The said promotion order was issued by respondent No. 2. Subsequently, he was placed as Incharge Flock Inspector in his own pay and grade by the respondent No. 2 pending clearance by the DPC with charge allowance vide order No. 218-SHDJ of 2017 dated 17-10-2017 and was adjusted at Sheep Breeding Farm, Chanderkote where he joined on 18-10-2017. Subsequently, he has been regularized against the said post of Flock Inspector on permanent basis in the pay scale of Rs. 9300-34800 + GP 4220 (pre-revised) vide order No. 88-SHDJ of 2018 dated 4-6-2018 issued by respondent No. 2 with effect from 17-10-2017. The promotion order of the petitioner as Flock Inspector is not presently available with the petitioner. However, the relevant part of the service book of the petitioner on which the entries in respect of his promotion and the aforesaid orders have been made is annexed herewith and marked as Annexure-A.

c) That it is specifically submitted that the appointing authority for the posts of Flock Supervisors and Flock Inspectors is Director Sheep Husbandry, Jammu. As submitted above, the petitioner has been promoted as Flock Supervisor as well as Flock Inspector by respondent No. 2.

d) That to the surprise of the petitioner the order/communication No. DSHO/Rbn/2018-19/1453-57 dated 20-8-2018 was served upon the petitioner whereby the recovery of Rs. 39329/- including 10% penalty has been ordered to be recovered from the petitioner and one Dr. G. M. Bali on account of so called excess medicines.

e) In the aforesaid communication it has been alleged that great loss to Government exchequer had been made by misuse of medicines. It has further been stated that the petitioner was liable to be punished under rules besides recovery of excess medicines. In the said communication/ order dated 20-8-2018, it has been stated that the petitioner was asked to clear the position on the said so called irregularities vide letters referred to therein.

f) It has further been stated that the petitioner and Dr. G. M. Bali was asked to explain vide letter dated 9-7-2018. It is submi