KARAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was appointed as Manager, DIC, Department of Industries, H.P. Govt. at Kullu on 30.10.1989. He was transferred to DIC, Chamba on 28.04.1993. He made representations against the same on 25.05.1993 and 11.06.1993. On the basis of letter dated 03.07.1993, the petitioner approached the General Manager at Kullu to permit him to join his duties on 14.07.1993. The same was not accepted. Petitioner made a representation on 30.07.1993. However, the fact of the matter is that the representation made by the petitioner was rejected and vide memorandum dated 28.08.1993, the petitioner was directed to report for duty at Chamba. Petitioner was placed under suspension on 12.11.1993. He made a representation for revoking suspension and also claimed salary w.e.f. 01.06.1993 to 11.11.1993. He also prayed for the release of subsistence allowance w.e.f. 12.11.1993 to 04.08.2004. Disciplinary proceedings were initiated against the petitioner under Rule-14 of the CCS(CCA) Rules, 1965 on 29.03.1994. He submitted reply to the same on 11.04.1994. The inquiry officer submitted the report to the disciplinary authority on 29.07.1995. Petitioner was supplied the copy of inquiry report with memorandum dated 14.12.1995. Petitioner made a representation on 10.04.1996. The disciplinary authority imposed the penalty of stoppage of five increments with cumulative effect for a period of five years upon the petitioner on 27.10.1997 vide Annexure P-1C. The period between 12.11.1993 to 26.10.1997 was directed to treated as "dies non" vide office order dated 29.04.1998. Petitioner was further posted at DIC, Chamba on 26.03.1998. A fresh charge sheet was issued to the petitioner under Rule-14 of the CCS (CCA) Rules, 1964 on 06.04.2000 to which he filed the reply on 17.04.2000. The inquiry officer submitted the report to the disciplinary authority on 23.12.2003. He was served with a memorandum on 31.03.2004. He filed reply to the same on 12.05.2004. The penalty of removal was imposed upon the petitioner on 04.08.2004 vide Annexure P-2. It is in these circumstances that the petitioner has approached this Court for quashing of orders Annexures P-1A to P-1E and Annexure P-2 and also for releasing the full pay and allowances for the period he was placed under suspension. Respondent State has filed the reply.

(2.) Petitioner, namely, Shri Karam Chand has argued the matter personally. He has strenuously argued that he could not be forced to join his duties at Chamba in view of letter dated 03.07.1993. He further argued that the disciplinary authority has provisionally come to the conclusion to impose the penalty upon him without supplying the copy of inquiry report. He further argued that the order, whereby five increments were withheld with cumulative effect for a period of five years, dated 27.10.1997 (Annexure P-1C) is a non-speaking order. He then argued that the inquiry has not been conducted in accordance with the provisions of Rule-14 of the CCS (CCA) Rules, 1965. He further argued that the disciplinary proceedings could not be initiated against him on 6th April, 2000. He also argued that he has not been supplied with the copy of inquiry report by the disciplinary authority, which has prejudiced his case. He further argued that the office order dated 04.08.2004 (Annexure P-2) vide which the penalty of removal has been imposed upon him is laconic and it is a non-speaking order. He further argued that he has not been paid the subsistence allowance for the period w.e.f. 12.11.1993 to 04.08.2004. He lastly contended that the period w.e.f. 12.11.1993 to 26.10.1997 could not be treated as "dies non".

(3.) Mr. Rajinder Dogra, learned Additional Advocate General has supported the imposition of penalties upon the petitioner. According to him, the petitioner has disobeyed the orders of his superiors, which led to the initiation of disciplinary proceedings against him. He has justified the orders dated 27.10.1997, 29.04.1998 and 04.08.2004.