Punjab State Warehousing Corporation & ANR v. Keshav Kumar Sharma

RSA No.79 of 2017 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH RSA No.79 of 2017 (O&M) Date of decision:22.11.2018 Punjab State Warehousing Corporation and another ... Appellants Vs.

Keshav Kumar Sharma ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr.Anil Kumar Sharma, Advocate for the appellants.

AMIT RAWAL J. (Oral) The appellant-plaintiffs have not been successful in claiming recovery of `6,68,856.20 paise on account of loss caused by the defendant owing to the negligence during the period of posting as Warehouse Manager at State Warehouse Zira & Mamdot District Ferozepur. The plaintiffs claimed the aforementioned amount only on the basis of inquiry report and charge sheet served to the defendant. I am afraid the aforementioned argument is not sustainable in the eyes of law, for, the plaintiffs had to lead the independent evidence than the one recorded before the inquiry officer as it was only in respect of allegations regarding the service conditions. The parameters in both the proceedings are totally opposite, even if the delinquent is held responsible in inquiry proceedings. Once the relief is quantified in terms of money, it has to be backed by cogent reasons which are conspicuously wanting. SAVITA KADIAN 2018.11.29 12:49 I attest to the accuracy and integrity of this document High Court Chandigarh

RSA No.79 of 2017 (O&M) {2} As an upshot of my findings, I do not find any illegality and perversity in the judgments and decrees under challenge which are based upon the appreciation of oral and documentary evidence, much less no substantial question of law arises for adjudication of the present appeal. Resultantly, the appeal is dismissed.

(AMIT RAWAL) JUDGE November 22, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2018.11.29 12:49 I attest to the accuracy and integrity of this document High Court Chandigarh