IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on : 19.01.2026 Pronounced on : 19.02.2026 Uploaded on : 20.02.2026 The Managing Director, Punjab State Civil Supplies Corporation Limited (PUNSUP) and another ......Appellants Vs.

Milkh Raj and another ......Respondents Whether only the operative part of the judgment is pronounced? NO Whether full judgment is pronounced? YES CORAM: HON’BLE MRS. JUSTICE SUDEEPTI SHARMA Present : Mr. Ashish Verma, Advocate, for the appellants.

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SUDEEPTI SHARMA J .

1. The present Regular Second Appeal is preferred against the judgment and decree dated 31.10.2019 passed by the learned Civil Judge (Junior Division), Abohar, whereby the civil suit filed by the appellant for recovery was dismissed as well as against the judgment and decree dated 08.08.2022 passed by the learned District Judge, Fazilka, whereby appeal preferred by the appellant against the judgment and decree dated 31.10.2019 was also dismissed.

BRIEF FACTS

2. Brief facts of the case, as pleaded in the civil suit, are that Milkh Raj-respondent No.1 was promoted as Inspector Grade II and consequently, joined on the said post at Abohar PUNSUP Centre on 29.07.2010. Vide order dated 03.03.2012 of District Manager, PUNSUP, Ferozepur, he was deputed to purchase and store wheat of crop year 2012-2013 at Abohar PUNSUP centre, Unit No.1 as Incharge. Respondent No.2-Banwari Lal was posted as PDC at the said Centre and he was deputed to double lock wheat of crop year 2012-2013 with respondent No.1 as Joint Locker. Both the respondents sent joint charge certificate on 24.08.2012. It was the duty of the respondents to purchase wheat, store it in godowns/plinths and to deliver the same to the Food Corporation of India. Respondents were provided with polythene covers, polythene sheets, wooden crates and other stock articles to maintain the health of wheat stock. They stored 5,38,508 bags of wheat of crop year 2012-2013 weighing 2,69,254 quintals from 01.04.2012 to 30.06.2012. The spillage of 407 bags was booked from September, 2012 to February, 2014. As per pleadings, the wheat is hydroscopic in nature and absorbs moisture from air and gains weight after rains when there is more moisture in air. Appellant-PUNSUP has fixed norms according to which every custodian of wheat stock is required to give minimum excess of 700 grams per quintal in open plinth and 1 kilogram per qunital in covered godown. Excess of wheat stock is claimed from 1^st August of the year of purchase. The respondents delivered 5,39,014 bags weighing 2,70,703 quintals of wheat from September, 2012 to February, 2014 and wheat became NIL. As per norms, the respondents were required to give excess of 1884.17.80 quintals and as such, there was less excess to the tune of 434.54.96 quintals valued at Rs.8,31,402/- @ 1913.25 per qunital, which the appellant-Corporation is entitled to recover from the respondents. It is further averred in the civil suit that wheat was delivered to the Food Corporation of India in February, 2014 and wheat became NIL, Accounts Branch of office of District Manager, PUNSUP, Ferozepur examined the record of PUNSUP Abohar Centre and District Office and calculated the loss caused by the respondents at Abohar PUNSUP Centre and submitted report dated 23.01.2017. And the loss is caused due to embezzlement/negligence on the part of the respondents. The appellants filed Civil Suit to recover the amount from the respondents, which was dismissed by the learned Civil Judge (Junior Division), Abohar, vide its judgment and decree dated 31.10.2019. Appellants preferred appeal against the same, which was also dismissed by the learned District Judge, Fazilka, vide its judgment and decree dated 08.08.2022. Hence the present regular second appeal.

SUBMISSIONS OF THE LEARNED COUNSELS FOR THE APPELLANTS.

3. Learned counsel for the appellants contends that both the Courts have wrongly and illegally dismissed the Civil Suit filed by the appellants and the appeal filed by the