Rs 22 lakh recovery suit against ex-IAS officer dismissed
The court of the Additional District Judge, Chandigarh, has rejected an appeal of Punjab Agri Export Corporation Limited filed against the judgment of Civil Judge (Senior Division), Chandigarh, seven years ago that dismissed its suit for recovery filed against former IAS officer RS Sandhu.
The court said "the suit cannot be decreed merely on the basis of a report given by an investigating agency". The corporation in the suit had alleged that as president of the Council for Citrus and Agri Juicing, Sandhu misappropriated funds for his personal benefit. The corporation claimed that the violation was proved vide inquiry report dated May 28, 2012, of a special investigation team (SIT). However, the Civil Judge (Senior Division), Chandigarh, on October 17, 2018, dismissed the suit along with costs.
Trial court order upheldAdditional District Judge, Chandigarh, upholds trial court’s orders, says a suit cannot be decreed merely on the basis of a report given by an investigating agency.
A Ludhiana-based NGO had filed a complaint to the Chief Minister of Punjab in 2010, alleging large scale misappropriation of public funds, embezzlement and forgeries in the council. The government marked an inquiry to an SIT. After examination, the SIT submitted its findings in its report dated May 28, 2012.
The corporation said from the SIT findings, it transpired that the defendant being the council president and a prospective farmer had offered his willingness to develop citrus orchard on 69.70 acres at Chak Sadhu village in Hoshiarpur district.
Exercising the powers of council president, Sandhu got his own land planted with citrus fruit at an investment of Rs 22,45,000, but no agreement was executed between the council and him.
Accordingly, it was decided to file a civil suit against Sandhu for the recovery of the amount.
On the other hand, Dheeraj Kumar Sehgal, the counsel for the defendant, denied all allegations. He said that the suit was filed merely based on an inquiry report, which was incomplete and not even signed.
Furthermore, he said, it has been categorically mentioned in the inquiry report that the defendant had not been benefited, but being council president, he was responsible for supervision and control.
The defendant retired as Financial Commissioner (Development), Punjab on November 30, 2008, and remained ex-officio president of the council only for 14 months. He did not own 69.7 acres as said in the inquiry report and owned only 10 acres 6 kanals and 17 marlas of land in Chak Sadhu village.
After hearing the arguments, the trial court dismissed the suit on October 17, 2018. Feeling aggrieved, the Corporation moved the district courts, where also after hearing of the arguments the Additional District Judge dismissed the appeal. The court said it was a settled law that a suit couldn't be decreed merely on the basis of a report given by an investigating agency. The appellant had also failed to prove as to how an amount of Rs 22,45,750 for which the suit was filed, was calculated.
