₹26-lakh graft: Himachal HC asks agri director to explain his position

Observes that director, instead of imposing major penalty on the petitioner, only imposed a minor penalty of censure

Taking exception to the order passed by director of agriculture qua imposing only a minor penalty of censure upon the petitioner in a case of proven embezzlement of ₹26.6 lakh in sale proceeds, the Himachal high court on Tuesday directed the director of agriculture to explain his position on the next date of hearing.

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A division bench comprising Justice Tarlok Singh Chauhan and Justice Chander Bhusan Barowalia passed these orders on a writ petition challenging the penalty order passed by the director. The petitioner has alleged that he has been mala fide involved in a fictitious case and even in the departmental inquiry initiated against him, no proper opportunity was afforded to him and no rules or principles of natural justice were followed.

The court observed that the record reveals that even the employer — the director of agriculture — had come to a firm conclusion that the petitioner had misappropriated ₹26.69 lakh of the sale proceeds and had not deposited this amount in the government treasury, yet he, instead of imposing major penalty on the petitioner, only imposed a minor penalty of ‘censure’. The court said it has failed to understand and appreciate as to what was the source of power or authority of the director of agriculture to pass an order of censure.

The court directed the respondent state to file reply within a period of four weeks and posted the matter for May 18.