: Madras High Court bench today dismissed petitions of two PDS salesmen against their dismissal for allegedly embezzling essential commodities, saying the PDS scheme is for the benefit of the poor and middle class and there cannot be any sympathetic view in cases relating to misappropriation.
"Just because the loss had been mitigated by cutting their increment for five years, with cumulative effect (a punishment given earlier by the Special Officer and then converted into dismissal order), the same will not set at naught the offence committed by the accused," Justice R Madhavan said.
He stated this while agreeing with the Quantum of punishment- dismissal - given by the Joint Registrar to them.
The Judge said the petitioners must have known the consequences of their illegal acts, being employees of South Madras Electric Corporation Employees Cooperative Stores, Tiruchirapalli .They had been entrusted work of distributing essential commodities to the public.
The court could not interfere when they did not do their work properly, he said,dismissing their petitions
The duo, working at a PDS shop at Sathanur, were suspended on June 7 2007 and charge memos were issued after which they gave their explanation. Then on receipt of a report from the Enquiry Officer, the SO again issued them a showcause notice.
The SO imposed punishment of stoppage of increment for five years with cumulative effect and ordered reinstatement in service.
The JR then suo motu called for revision of the order. The SO again conducted an enquiry and they were dismissed.
Counsel for the petitioners contended that the suo muto revision by the JR was barred by time limitation.
The Government Advocate said the petitioners had created bogus ration cards and vouchers as if the goods were sold to members and therefore the punishment awarded was justifiable.
