Bhupinder Singh v. Punjab State Warehousing Corporation
2006-08-04
SURYA KANT
body2006
DigiLaw.ai
Judgment 1. This revision petition has been preferred by the plaintiff whose application under Order 39 Rules 1 and 2 CPC which he had moved in a declaratory suit, has been declined by both the courts. 2. The petitioner is an employee of the respondent-corporation, who was working as a Store-keeper/godown Assistant. On account of certain shortages in the godown, he was charge-sheeted along with a Technical Assistant and the District Manager. It is stated that the departmental proceedings have culminated into an order of recovery of more than Rs.4 lacs, out of the which the petitioner has been burdened with a liability to pay Rs.1,94,813/-. 3. Challenging the aforesaid order passed by the disciplinary authority, the petitioner has filed the civil suit in which he sought ad-interim injunction against recovery of the amount in dispute. The said ad-interim injunction having been declined, this revision petition has been filed. While issuing notice of motion on 12.12.2003, it was directed that 50% of the amount of recovery shall remain stayed. 4. I have heard Shri B. L. Gupta, Learned Counsel for the respondents and have gone through the impugned orders. 5. It appears that in the suit, the petitioner has raised some contentious issues, which would require attentive adjudication by the civil court. Further, effective steps towards conclusion of the civil suit have also been taken during pendency of this revision petition. In addition, having regard to the fact that 50% recovery has remained stayed in terms of the order dated 12.12.2003 passed by this Court, this revision petition is disposed of with a direction that if the petitioner furnishes adequate security to the satisfaction of the trial court in relation to recovery of the remaining 50% amount within a period of two weeks from the date of receipt of a certified copy of this order, the interim order dated 12.12.2003 shall become absolute and no recovery in relation to 50% of the recoverable amount shall be made from him during the pendency of the suit. This shall, however, be further subject to the conditions that:- (i) the petitioner has already deposited 50% of the total amount sought to be recovered from him; and (ii) he furnishes the requisite security for the remaining amount, failing which the respondents shall be entitled to recover the entire amount. Disposed of.