HARI SWAROOP Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) Petitioner who is a retired Principal from the Education Department, State of Haryana has filed the instant petition assailing the order dated 21.02.2014 (Annexure P-9) issued by the Principal Secretary to Government of Haryana, School Education Department imposing upon him the punishment of stoppage of one grade increment without cumulative effect.

(2.) Brief facts leading to passing of the impugned order may be noticed. Petitioner joined as a Teacher under the Haryana Education Department and earned promotions to the post of Head Master as also Principal and from which post, he stands superannuated. While serving as Head Master in Government Senior Secondary School, Jakhal Mandi (Fatehabad), disciplinary proceedings were initiated against him in the light of a charge sheet dated 06.07.2009 under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987. The precise articles of charge drawn against the petitioner were in the following terms:

(3.) The inquiry proceedings culminated in the furnishing of an inquiry report dated 10.05.2010 (Annexure P-3) absolving the petitioner of the charges. The Disciplinary Authority, however, disagreed with the findings of the Inquiry Officer and recorded a dissenting note dated 30.09.2011. The dissenting note was served upon the petitioner and to which, he submitted a representation dated 02.12.2011. Vide order dated 16.03.2012 (Annexure P-7), a punishment of stoppage of one grade increment with cumulative effect was imposed upon the petitioner. The petitioner being aggrieved preferred a memorial to the Governor of State of Haryana. Such memorial stands partly accepted and resulting in the issuance of the impugned order dated 21.02.2014 (Annexure P-9), whereby the punishment stands reduced to stoppage of one grade increment without cumulative effect.