PRITHI SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner retired as Inspector, Industries, from the State of Haryana on 31.8.1976. He has approached this Court with the grievance that a cut of Rs. 10/- per month in his pension has been wrongly imposed by the respondents vide order dated 2.5.1977, a copy of which has been placed as Annexure P-3 with the writ petition. A perusal of the aforesaid order shows that the action is based on unsatisfactory record of service. The grievance of the petitioner is that no adverse report had ever been communicated to him during his entire service and, therefore, there was no justification in imposing the cut.

(2.) Written statement on behalf of the respondents has been filed by Shri K.R. Awasthy, Joint Director (Administration), Directorate of Industries, Haryana, Chandigarh, wherein it has been pointed out that prior to his retirement on 31.8.1976, the petitioner had been served with a show cause notice dated 5.8.1976 (Annexure R-2) proposing the aforesaid cut. This notice duly contained the details of the service record considered as unsatisfactory. It was only after considering the reply of the petitioner to the aforesaid notice that the impugned order (Annexure P-3) has been passed.

(3.) On the last date of hearing, the Assistant Advocate General, Haryana, had sought time to go through the record and seek instructions in the matter. He has stated that the record being very old, could not be traced. He, however, relies on the notice issued to the petitioner on 5.8.1976 to show that his service record was not satisfactory. Learned counsel for the petitioner on the other hand, has furnished a copy of the reply in which he had not only disputed the charges levelled against him but had also shown that some of the facts mentioned in the show cause notice were incorrect.