SATBIR SINGH Vs. D.H.B.V.N.L AND ORS.

JUDGEMENT

(1.) Petitioner has approached this Court by way of instant writ petition filed under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari to quash the action of the respondents by which the petitioner was not granted consequential benefits for which he is entitled as per order dated 03.04.2014 (P-6) Petitioner joined as Work Charge T Mate on 20.01.1977 and worked up to 25.05.1982 on work charge basis and on 25.05.1982, his services were regularized as Assistant Linemen. Petitioner retired on 30.04.2012. However, during his service, on 11.02.1993, petitioner came in the influence of Electric Shock while repairing the transfer and was subsequently hospitalized and remained admitted from 12.02.1993 to 12.03.1993 and remained under treatment due to the burn injuries in PGI from 13.03.1993 to 15.10.1995. After giving the medical fitness certificate from the concerned medical authority, he joined back his duty on 16.10.1995 and submitted an application for sanction of F.A Leave, in view of letter dated 04.12.1987 regarding grant of special disability leave, who met with an accident, during the service hours. Executive Engineer being not satisfied with the documents submitted by the petitioner, got registered an F.I.R No. 20 dated 20.01.2003 against the petitioner for causing loss to the department by preparing false medical certificates and submitted them for the sanction of leave on account of non-fatal accident.

(2.) But petitioner was acquitted in the above said F.I.R by the Appellate Court on 12.12.2012. However, during the pendency of the above said F.I.R, charge sheet dated 05.02.2003 was served upon the petitioner regarding grave misconduct. After the acquittal of the petitioner, he was called to give reply to the above said charge sheet and the same was filed on 07.03.2014. After considering the reply of the petitioner, the charge sheet was withdrawn but a punishment of stoppage of one annual increment with future effect was imposed upon the petitioner vide order dated 03.04.2014 (P-6). After withdrawal of the charge sheet, petitioner was given retiral benefits on the lower side despite so many representations made by him. Petitioner sought information under the RTI Act and it was informed that he has not been given benefit of work charge period, as petitioner has not intimated the name of office and period of posting under which he actually worked in the work charge capacity.

(3.) On notice, a written statement has been filed by the respondents stating therein that petitioner had submitted false certificates, which stood verified as PGI, Rohtak Superintendent medical report vide letter dated 18.11.2002. copy of the statements and medical report letter dated 18.11.2002 are Annexure R-1/1 and R-1/2. Thus period of leave w.e.f 12.02.1993 to 15.10.1993 was sanctioned as a leave of kind due, vide office order dated 27.05.2014. After due verification, he was charge sheeted on 05.02.2003 (R-1/3). He was convicted by the learned trial Court but was acquitted by the learned Appellate Court on 12.12.2012.