NAHEED NUSRAT HASHMI vs SECRETARY EDUCATION (E), GOVERNEMNT OF PUNJAB and others
This matter arises from disciplinary proceedings wherein a penalty was imposed upon the petitioner for allegedly purchasing sub-standard science material. The petitioner contended that the purchase was executed unanimously by the Purchase Committee and that other officers had purchased identical articles from the same firm without facing adverse action. The Supreme Court considered the legality of the penalty and the underlying purchase proceedings. Upon examination, the Court directed the production of relevant purchase records concerning similar acquisitions by other Deputy District Education Officers during the same period and suspended the operation of the impugned recovery order in the interim. The key principle established relates to the requirement of uniformity and fair play in departmental inquiries involving collective procurement decisions.
- Whether a public servant can be solely penalized for a purchase decision made unanimously by a purchase committee?
- Does the suspension of a recovery order lie when departmental inquiry records require further scrutiny by the court?
ORDER
' MUNIR A. SHEIKH, J.---In the disciplinary proceedings penalty had been imposed upon the petitioner in respect of charge No,2 which is to the following effect:-- "You purchased sub-standard science material amounting to Rs, 5,02,000 in 6/95."
' The reply of the petitioner to this charge was as follows:-- "(ii) The purchase has been done by the Purchase Committee who has unanimously approved the quality and standard of the material purchased, but the complaint is only against me. This reflects that the complainant had enemity with me, otherwise there has been no truth in this, allegation.
' It is submitted that this allegation is baseless. All the Deputy DEO's male/female) had purchased from the same firm and , same articles of standard quality have been purchased. This allegation is completely in-correct and weightless. You have personally examined the store and observed the quality of goods. It is submitted that the field staff of Khanpur may. Be advised to distribute the material among the schools for which it has been purchased in order to save the material from further deterioration,, a lot of time has already passed away. I am afraid that the hammer of time may not spoil the damped material causing heavy national ,loss."
' The Inquiry Officer came to the conclusion that this charge stood proved.
2. The Deputy Director, Directorate of Elementary Education (5), Bahawalpur Division, Bahawalpur is directed to cause production of the relevant record about the purchase of the material by all the Deputy Distt. Education Officers (Male and Female) during the same period, through an officer who is also well conversant with the facts of the case, before this Court on the next date of hearing.
3. In the meantime the impugned order to the extent of recovery of Rs,3,02,851 shall remain suspended.