High Court of Judicature at Allahabad
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Ganga Ram v. State Of U.P.And Others - WRIT - A No. 44717 of 1999  RD-AH 7749 (26 April 2007)
Hon'ble Rakesh Tiwari, J
Heard counsels for the parties and perused the record.
The petitioner was appointed as Junior Engineer in the Irrigation Department vide office memorandum dated 23.3.1964. He joined his duties on 4.4.1964 at Barrage Construction Division, Ist, Naraura. His services were reguarized in 1973, Vide order dated 13.2.1995 passed by the Chief Engineer, Irrigation, U.P. Lucknow, he was attached to the office of the Executive Engineer, Tubewell Division Etawah. In response to the aforesaid order dated 13.2.1995, the petitioner handed over the charge of office of the Junior Engineer Tubewell Division, Firozabad (Circle Store) to one Sri Ram Autar Singh Chauhan and was relieved on 15.6.1995 for joining at Etawah and joined there on 17.6.1995.
It appears than an F.I.R was lodged against the petitioner by the Assistant Engineer, Tubewell Division Firozabad on 23.1.1998 at the Police Station, Rasoolpur, Ashphabagh, Firozabad for alleged shortage of goods in the circle store in Firozabad. He was arrested on 21.6.1998 and sent to the jail on 22.6.1998. The bail application of the petitioner was rejected by the Court of Sessions Judge, Firozabad as such, the petitioner filed Criminal Misc. Bail Application no. 11308 of 1998 before the High Court in which he was enlarged on bail in pursuance of the order dated 4.8.1998 passed by the Court.
It also appears that Tahsildar, Tahsil Kol, district Aligarh issued a citation dated 11.10.1999 for recovery of Rs. 1,63,483.55 against the petitioner, which has been impugned in the instant writ petition.
After exchance of counter and rejoinder affidavits, the petitioner filed an amendment application bringing on record the certified copy of the judgment dated 30.9.2002 passed by Ist Addl. Civil Judge (J.D.), Firozabad by which the petitionr has been acquitted in criminal case no. 158 of 2001registered against him for shortage of store goods in pursuance of F.I.R. Dated 23.1.1998 lodged at Police Station Rasoolpur, district Firozabad.
The petitioner and his wife thereafter met with a road accident and died on 1.2.2006. He has been substituted by his legal heirs.
Grievance of the petitioner in the writ petition was that salary for the period of his suspension, his retiral dues and other benefits to which he was entitled to, have not been paid to him after his acuittal in criminal case no. 158 of 2001.
Standing counsel submits that so long the citation for recovery of Rs. 1,63,483.55 is pending and the same is not set aside, the dues of the petitioner including arrears of salary, pension etc., cannot be released to the claimants/ substituted legal heirs of the petitioner. It is not denied by him that Criminal Case no. 158 of 2001 has resulted in acquittal of the petitioner who died in a road accident on 1.2.2006 and the judgment in that case has become final..
In the admitted facts and circumstances that the petitioner after his acquittal in the aforesaid criminal case died after attaining the age of superannuation; that now no domestic enquiry can be held against him in the circumstance as he is now no more and no recovery can be made against him on the basis of any recovery certificate having been issued by the department in pursuance of First Information Report lodged against him which has been finally adjudicated upon acquitting the petitioner in criminal case no. 158 of 2001.
It is also apparent from record that the petitioner had handed over charge of Firozabad before taking over charge at Etawah. If there was any discrepancy or shortage in store, the person who took over charge from him should have reported the matter to the higher authorities. Once charge was handed over and there was no report of shortage of any goods, it has to be presumed that there was no shortage when the petitioner handed over charge of Firozabad circle store.
For the reasons stated above, the writ petition is allowed. Impugned citation dated 11.10.1999 is quashed. The respondents are directed to immediately make payment of retiral dues and other benefits of the petitioner to his legal heirs. No order as to costs.
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