Akhilesh Gupta vs Jamalpur Thana Co-Operative Agricultural Marketing Society Limited & Ors.

The writ petitioner is aggrieved by an order of dismissal from service issued by the Society concerned in its Meeting dated 06.11.1996. The same was

communicated to the writ petitioner vide Memo No. 70/96-97 dated 13.11.1996. The facts of the case inter alia are that vide chargesheet dated

04.04.1996, the writ petitioner was charged with misconduct. The charges against the writ petitioner are set out hereinbelow:

“ANNEXURE: I

It appears that during the visit of the Executive Officer, Jamalpur Thana Cooperative Agricultural Marketing Society Ltd. on 29.12.80 that closing

cash balance of cash book page 27 for the year 1980-81 have been shown as Rs.11,962.31 by Shri Akhilesh Gupta but the closing page of the same

cash book was found to be Rs.21,746.31 as per sale proceeds and no satisfactory explanation could be given to the said Executive Officer with regard

to the Cash balance amounting to Rs.9,784/- by the said Shri Akhilesh Gupta in as much as the said Executive Officer could not verify the said cash

balance and the said amount as it appears was also not traceable. The explanation that was given by Shri Gupta with regard to non-availability of the

said amount was rather not convincing. Such conduct of Shri Gupta prima facie shows lack of integrity, devotion of duty and unbecoming of an

employee of a Co-operative Society and speaks of misconduct as per subclause (iii) of clause (a) of Rule 14. Hence, the charge

Article of Charge No. II

It appears that during physical verification on 29.12.80 that N.P.K. 10:26:26 measuring 5 M.T. amounting to Rs.13,090.00 was not found in the

godown of the said Society. From the record it further appears that though the said stock should have been in the godown as per the record but the

said quantity of the chemical fertilizer was neither sold as per the cash memo nor the same was found in the godown. Therefore, there was

misappropriation of chemical fertilizer of worth Rs.13,090.00 and since Shri Akhilesh Gupta being in-charge of the said Society and the godown having

failed to give any satisfactory explanation with regard to such misappropriation of the sale proceeds of the chemical fertilizer it is alleged that Shri

Gupta sold the said chemical fertilizer without cash memo and it has further alleged that Shri Gupta misappropriated the said amount. Such conduct on

the part of Shri Gupta constitute misconduct within the meaning of sub-section (iii) of Section (a) of Rule 14. Hence the charge.

The Statement of imputation:

The Executive Officer, Jamalpur Thana Co-operative Agricultural Marketing Society Ltd. held a visit of the office and the godown of the said Society

on 29.12.80. During his visit the said Executive Officer checked the cash balance of cash book and it was reported that he found at page 27 of the

cash book for the year 1980-81 that cash balance was shown as Rs.11,963.31 by the said Shri Akhilesh Gupta in-charge of the Narayanpur Branch

office of Jamalpur Thana Co-operative Agricultural Marketing Society Ltd. but the closing page of the same cash book would be amounting to

Rs.21,746.31 as per the sale proceeds. The difference of the cash balance on that page was Rs.3,794/- but the said amount could neither be checked

nor could be found. Shri Gupta could not submit any satisfactory explanation with regard to such shortage in cash balance. It has been alleged that the

said amount was misappropriated by Shri Akhilesh Gupta. On the same day during the inspection of the godown it was found that 5 M.T. of chemical

fertilizer NPK 10:26:26 amounting to Rs.13,090.00 was not found in the godown of Narayanpur Branch of the said society.

Shri Akhilesh Gupta could not submit any satisfactory explanation with regard to the said 5 M.T. of chemical fertilizer worth of Rs.13,090.00. From

the record the said Executive Officer find that the said fertilizer was not sold by the cash memo nor the said fertilizer was found in the godown though

according to the stock the said 5 M.T. chemical fertilizer should have been either in the godown or the same was sold and the sale proceeding should

have been entered in the cash book and also in the cash memo. Since Shri Akhilesh Gupta could not give any satisfactory explanation with regard to

misappropriation of the said 5 M.T. chemical fertilizer of worth Rs.13,090.00. Since the explanation submitted by Shri Gupta seems to be not

convincing and since Shri Gupta admitted that he has misappropriated the said sale proceedings and the difference of the cash balance and agreed to

repay the same, hence, the charge.

ANNEXURE III :

List of documents by which the Article of charge framed against Shri Akhilesh Gupta, in-charge of Narayanpur Branch of Jamalpur Thana Co-

operative Agricultural Marketing Society Ltd. are proposed to be sustained.

1) Memo No.380/80-81 dated 2.1.81 by the Executive Officer, Jamalpur Thana Cooperative Agricultural Marketing Society Ltd., Burdwan to the

Officer-in-charge, Jamalpur Police Station, Burdwan.

2) The letter and/or complaint written by the Executive Officer to the Directors of the said Society.

3) The letter written by Shri Akhilesh Gupta with regard to repaying the defalcated amount by instalments.

4) Any other document as and when required will be relied upon giving notice to the charged employee.

ANNEXURE: IV

By whom the article of charged framed against Shri Akhilesh Gupta, in-charge of Narayanpur Branch of Jamalpur Thana Cooperative Agricultural

Marketing Society Ltd. are proposed to be sustained:-

Shri Nishit Ranjan Bhowmic, the then Executive Officer, Jamalpur Thana Cooperative Agricultural Marketing Society Ltd.

Shri Badrul Alam, Chairman, Jamalpur Thana Co-operative Agricultural Marketing Society Ltd.

Shri Basudeb Ghosh, Manager, Jamalpur Thana Co-operative Agricultural Marketing Society Ltd.

List of documents:

Cash book for the year 1980-81 particularly page 27.

Stock register of the chemical fertilizer of 198081 particularly of 29.12.90;

Cash memo book for the month of December, 1980 and January, 1981.

Purchase register of December, 1980.â€​

The chargesheet was issued after acquittal of the writ petitioner in criminal proceedings. In a writ petition being W.P. 2331(W)/1997 and appeal

therefrom being FMA 3219/2002 where the initiation of departmental proceedings after acquittal in criminal proceedings was challenged, the Society

concerned was allowed to proceed with such enquiry. The enquiry proceeded in which witnesses were examined and the documents were proved in

support of the said chargesheet.

After due issuance of the second show cause notice and after giving the writ petitioner due opportunity, the final order was passed dismissing the writ

petitioner from the service of the society. The writ petitioner challenged the proceedings on the ground that the charges against him are false and

fabricated. He also alleges that the witnesses gave false statements. He particularly alleges that certain documents relied on by the Society in the

departmental proceedings were not even supplied to him.

In so far as the non-supply of documents, the records indicate otherwise. The writ petitioner admits having inspected such documents and also having

obtained copies of the same. He has set out grounds in the writ petition urging that the documents are false and fabricated. It is now well settled that a

writ court can only examine the decision making process and not the decision itself. The enquiry appears to have been conducted in accordance with

law. The writ petitioner had ample opportunity to cross-examine the witnesses. The Enquiry Officer found the charges to be proved based on valid

materials and evidence available on record. I do not find any infirmity with such decision making process.

I find that the writ petitioner was afforded a due opportunity alongwith the documents to defend himself in the enquiry in which he participated. In

those circumstances, I find that the enquiry has been conducted in accordance with law. There is no violation of principle of natural justice.

Furthermore, in so far the decision itself concerned, the scope of examination of the same is limited under Article 226 of the Constitution of India. The

conclusion arrived at by the Managing Committee of the Society is based on evidence and not dehors the same. The same is definitely a possible and

plausible view. This court, therefore, cannot sit in appeal over the decision of the Managing Committee.

I, therefore, do not find any reason to interfere with the final order of dismissal passed against the writ petitioner. Hence, W.P. 2231(W) of 1997 must

fail and is hereby dismissed. The writ petitioner shall, however, be entitled to be paid his own contribution to provident fund made while he was in

service, since he has already superannuated. Such sum shall be paid, if not already paid within 4 weeks from date. The writ petitioner shall not be

entitled to any other benefit from the Society concerned.

There shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible

on compliance of all necessary formalities. In view of the order of dismissal passed hereinabove, the appeal being FMA 3219 of 2002 be placed

before the appropriate Bench for appropriate orders.