Chittaranjan Mohanty v. M.D.,Orissa.State.

WP(C) NO.15677 of 2005

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05 13.12.2019

None appears for the petitioner at the time of call. Heard Mr. P.K. Pattanaik, learned counsel for opposite party no.1.

Perused the record. The petitioner has filed this writ petition seeking direction to opposite parties no.1 and 2 to refund the amount already recovered towards alleged shortage of stock by burglary as stated by letter dated 02.11.2005 with 18% interest from the date of recovery till refund within a stipulated period and further to quash the letter dated 02.11.2005 issued by the Secretary, Orissa State Handloom Weavers’ Cooperative Society Ltd in Annexure-4, by which direction has been given for recovery of shortage of stock by burglary of Rs.18,167.60 during Chandigarh Exhibition, 1999 and balance amount will be recovered from his monthly salary in 31 installments @ Rs.500/- per month being first installment of Rs.738.60 from October, 2005 onwards after adjustment of Rs.2,429/-, which was sanctioned in favour of the petitioner by way of bonus.

The petitioner was working as an Attender in the Orissa State Handloom Weavers’ Co-operative Society Ltd. During the year 1999 a handloom exhibition was held at Chandigarh in which the opposite party-Society had opened its exhibition-cum-sale stall. The petitioner along with one Pratap Chandra Pradhan, Branch Manager of Balasore branch was entrusted with the Handloom materials worth Rs.1,28,714.10, out which the petitioner received stock worth Rs.21,072.60. As per order dated

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22.10.1999 in Annexure-1, instruction was given to transport the stock so entrusted through either AFL Logistic or GATI Transport with proper transit insurance and accordingly Rs.5,500/- was sanctioned and the same was paid to Sri Pratap Chandra Pradhan. Although transit insurance was made with M/s. National Insurance Co., Cuttack Branch for transit from Bhubaneswar to Chandigarh, the petitioner and Sri Pradhan did not book the materials with the common carrier. But they carried the stock along with their personal luggage in the train. The petitioner boarded at Cutttack by DN Puri-NDLS Purushottam Express at Cuttack on 25.10.1999 evening. Till the Train reached Balasore at about 2.30 A.M., the luggage was seen to be intact. However, at Kharagpur at about 4.30 A.M., it was seen that the entire luggage has been stolen by cutting the safety chain. The G.R.P. at Kharagpur did not register the F.I.R. and the petitioner and Sri Pradhan returned from Tata Nagar and reported the matter before the G.R.P., Balasore on 27.10.1999 stating that the entire stock worth Rs.1,28,713.60 was stolen. The petitioner was placed under suspension vide Annexure-2 dated 03.01.2000 and he was called upon to explain about his negligence in duty and carelessness for which the stock was allegedly stolen. The suspension order was revoked on 26.09.2000 and the petitioner was posted at Maniktala sales branch.