K.C. ARORA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed with the prayer to quash the proceedings of enquiry initiated against the petitioner vide charge-sheet dated 17.5.1984 and the order of punishment dated 5.4.1991 passed by the Government on the basis of the enquiry report Annexure-P.7. The petitioner's prayer is to quash the charge-sheet, the enquiry report and the order of punishment and to direct the respondents to give him all consequential benefits.

(2.) The petitioner is a released Emergency Commissioned Officer. He joined service of the Government of Haryana as an Assistant Engineer on 17th August, 1971. On the basis of the judgment of the Supreme Court in Ex-Captain K.C. Arora and others versus State of Haryana and others, 1984 2 SLR 97 and judgment of the Division Bench of this Court in B.M. Sharma versus State of Haryana and others,1987 5 SLR 531, the petitioner became entitled to be considered for promotion to the post of Executive Engineer after fixation of his seniority keeping in view the military service rendered by him during the period of emergency. He has not been given promotion to the post of Executive Engineer on the basis of departmental enquiries which were initiated against him in the year 1984 and near about and for claiming retrospective promotion, he has separately instituted Civil Writ Petition No. 3911 of 1988.

(3.) The proceedings of enquiry, which are under challenge in this writ petition, were initiated by the respondent No.l vide charge-sheet Annexure-P.2 dated 17.5.1984 issued under Rule 7 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952 (hereinafter referred to as 'the Rules'). One of the allegations levelled against the petitioner was that he made payments of muster-rolls independently in the year 1979 in the absence of Shri K.C. Seth, Sub Divisional Engineer and thus he violated the instructions issued by the Superintending Engineer, Gurgaon vide letter No.3287 dated 2.3.1979. Another allegation levelled against the petitioner was that he got inflated attendance marked on muster-rolls and misappropriated Rs.6,457.25 on account of wheat coupons in connivance with Shri D.K. Dhall, Junior Engineer. Two other allegations levelled against the petitioner related to violation of the provisions contained in the P.W.D. B&R Manual. The petitioner submitted reply and denied the allegations levelled against him. At the same time, he requested for opportunity of personal hearing. Respondent No.3, Shri Nihal Singh, was appointed as Enquiry Officer to conduct enquiry against the petitioner and Shri D.K. Dhall. Respondent No.3 submitted his report holding the petitioner guilty of all the four allegations levelled against him. The Government considered the report submitted by respondent No3 and served show cause notice upon the petitioner proposing penalty of withholding of promotion for next five years and recovery of Rs.3228.63. The petitioner filed a detailed reply running into 25 pages and after considering the same the Government has passed the impugned order dated 6th March, 1991 whereby it not only confirmed the proposed punishment but also ordered that the petitioner's annual confidential report for the year 1978 be down graded from good to average.