PREM NATH CHAUHAN Vs. HIMACHAL PRADESH STATE FOREST DEVELOPMENT CORPORATION
LAWS(HPH)-2021-3-39
HIGH COURT OF HIMACHAL PRADESH
Decided on March 05,2021

Prem Nath Chauhan Appellant
VERSUS
HIMACHAL PRADESH STATE FOREST DEVELOPMENT CORPORATION Respondents

JUDGEMENT

Sureshwar Thakur,J. - (1.) The respondent/employer, imposed upon the petitioner, penalty, of recovery, of, a sum of Rs. 12, 759/-, and, the afore recovery was made, towards the loss caused to the timber stock, of, the respondent.
(2.) Since on the earlier date, the learned counsel for the petitioner had made a vehement submission, before this Court, that the imposition, of, the afore penalty was made, without any opportunity, of, hearing, being afforded to him, and, also, it being contrary to principles of law, carried in the CCS Rules, (i) inasmuch as, despite a subjudice inquiry, pending against the petitioner, vis-A-vis, the afore purported mis-conduct, in pursuance whereof, the afore penalty, of, recovery of Rs. 12759/- was imposed upon the petitioner, yet, the afore penalty becoming imposed. 2. Mr. Rajesh Sharma, learned counsel, for the respondents No. 1 to 3, placed on record, the records, appertaining to the inquiry, appertaining to the afore loss, purportedly caused to the timber stock of the respondent, purportedly, by the dereliction(s) in performance, of, duties, by the writ petitioner. A perusal thereof discloses, that the imposition, of, a penalty through Annexure A-1, upon, the writ petitioner, has occurred, during the course, of, the subjudice inquiry, against him.
(3.) Consequently, since the imposition, of, a penalty,, upon the writ petitioner, by the respondent/disciplinary authority concerned, was amenable to be aptly made, only on conclusion of the apposite inquiry, and, also imperatively, only upon, hence findings, adversarial, to the writ petitioner, becoming recorded, upon the appositely framed charges. However, since reiteratedly, even when the articles, of, charges were rather under inquiry, before the Inquiry Officer, thereupon it was grossly inappropriate, for the respondent, to, proceed to, prior thereto, impose the penalty, comprised in Annexure A-1, upon the petitioner.;


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