D.C. Pandey vs Kichha Sugar Company and Others

Alok Singh, J—Present petition is filed assailing the order dated 25.4.2007/3.5.2007, annexure No. 1 to the writ petition, whereby petitioner was dismissed from services of the Sugarcane Company and was asked to show cause as to why his amount of gratuity be not forfeited for recovery of Rs. 3,08,921.10 only. Brief and undisputed facts of the present petition, inter alia, are that petitioner was working as Time Keeper in the Sugar Factory wherein Shri Gulsan Kumar was working as Assistant Cashier; petitioner was given charge of Head Cashier and during that period, petitioner has released certain amounts time and time in favour of Gulsan Kumar in advance for the disbursement; petitioner has released Rs. 3 lakhs in favour of Gulsan Kumar without taking his signature on the vouchers; Gulsan Kumar has furnished accounts of other amounts received by him through the petitioner, however, respondent could not furnish accounts of Rs. 3 lakhs received by him from the petitioner without signature on any voucher.

Charge-sheet was issued against the petitioner on 27th February, 2006. Explanation was furnished by the petitioner on 09.04.2006, however, vide order dated 12th April, 2006, disciplinary inquiry was initiated against the petitioner and Shri H.S. Bisht, Assistant Manager was appointed as Inquiry Officer. Inquiry Officer has submitted his inquiry report on 30.12.2006 exonerating the petitioner from the charges levelled against him. Disciplinary Authority, vide show cause notice dated 12th March, 2007, was pleased to inform the petitioner that disciplinary authority does not agree with the inquiry report and proposed to award penalty of dismissal, therefore, petitioner should submit his explanation within 72 hrs. Petitioner submitted his reply, however impugned dismissal order came to be passed.

Perusal of the record would reveal that Gulsan Kumar has accepted that he has received Rs. 3 lacs from the petitioner without signing the vouchers. Record further reveals that although Gulsan Kumar has tried to furnish account of Rs. 3 lacs received by him, however, same was not accepted by the Department. There is no allegation either in the chargesheet or in the impugned order that petitioner, in fact, has not released Rs. 3 lacs in advance in favour of Shri Gulsan Kumar and has fabricated the record to show that he has released the amount in favour of Gulsan Kumar. On the contrary, the allegation against the petitioner is that petitioner has released Rs. 3 lacs in favour of Gulsan Kumar towards advance for the disbursement without taking his signature on vouchers. Since transfer of the amount in favour of Gulsan Kumar stand proved, therefore, mere non-obtaining the signature is an irregularity and that irregularity does not warrant extreme penalty of dismissal from service and forfeiture of gratuity. Not only this, the penalty of dismissal from the service was awarded against the petitioner on the eve of his retirement which speaks volume of mala fide and ulterior motive on the part of the disciplinary Authority. Therefore, penalty of dismissal is arbitrary and uncalled for.

Consequently, Writ Petition is allowed. Impugned order of dismissal is hereby quashed. Let entire post retiral benefit be released in favour of the petitioner within four weeks from today.