- (1.) The petitioner has filed the present petition under Article 226 of the Constitution of India impugning the enquiry report dated 2.12.2004, Annexure P24, as also the consequential order dated 19.4.2005, Annexure P25, cancelling the promotion order of the petitioner as Taxation Inspector. The petitioner has also challenged the order dated 2.1.2006, Annexure P27, imposing a cut in his pension and order dated 20.1.2006 whereby his suspension period has been treated as non-duty period. Still further, the petitioner is aggrieved of the order dated 13.5.2010, Annexure P34, whereby the appeal preferred by him has been dismissed vide order dated 13.5.2010 passed by the Financial Commissioner, Government of Punjab, Excise and Taxation Department.
(2.) The petitioner joined the Excise and Taxation Department, State of Punjab as a Clerk on 7.11.1963. In the year 1991, the petitioner applied for permission to appear in the B.A. examination of Magadh University, Bodh Gaya. It has been asserted that the petitioner qualified such B.A. examination and, accordingly, a request had been made to the Excise and Taxation Commissioner, Ludhiana-III for incorporating the petitioner's qualification in the seniority list of the ministerial establishment. The petitioner, vide order dated 29.6.1994, was promoted as Senior Assistant w.e.f. 2.11.1992. Thereafter, he was promoted and appointed as Taxation Inspector vide order dated 25.10.1994. The petitioner was placed under suspension vide order dated 25.7.2000 on account of contemplated disciplinary action. He was issued a charge sheet on 17.8.2000 under Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (hereinafter to be referred as '1970 Rules') and the following article of charge was framed against him: "1. You informed the Deputy Excise and Taxation Commission, Patiala Division Patiala about your being Graduate, on the basis of which you were promoted as Taxation Inspector on 25.10.1994 through posting by transfer. 2. On scrutiny of the BA Pass documents submitted by you, it is found that you have been admitted to BA Pass degree after passing two year BA Pass of the 3 year BA Course conducted by Magadh University Patna and you were to be awarded the degree of BA after passing the third year. In this regard, the following is found recorded in BA part 2 certificate submitted by you. Certified that Subhash Chander Kaushal has passed two year B.A. (Pass) degree BA of 3 year BA (Pass) course in September 1994 from Vallabh Bhai Patel College in second division, today admitted to BA (Pass) degree. From this, it is clear that you are not graduate and have wrongly got yourself entered as graduate and obtained the appointment of Taxation Inspector whereas you were not awarded the degree of Gradation. In this way, you have made yourself liable for disciplinary action under rule 8 of Punjab Civil Services (Punishment and appeal) Rules, 1970."
(3.) The petitioner submitted his reply to the charge sheet on 28.8.2000 denying the allegations raised in the charge sheet. The petitioner took a categoric stand that the two year's degree certificate submitted by him is distinct from a three year's (Honours) Course. The petitioner also asserted that the Excise and Taxation Commissioner, Punjab, Patiala had written a letter dated 8.8.2000 to the University Grant Commission, New Delhi to clarify as to whether the 2 nd year examination of three years' Bachelor pass degree course can be treated as graduate. University Grant Commission had responded in terms of letter dated 28.11.2000 wherein it was clearly reflected that the candidates who have passed the two years' examination of three years' Bachelor of Arts course are graduate of Magadh University, Bodh Gaya and as such, are at par with the graduates with the other Universities in terms of the regulations of Magadh University. The petitioner had even made certain enquiries from Panjab University, Chandigarh and in pursuance thereto, Panjab University vide letter dated 4.8.2000 had informed the petitioner that the B.A. Pass examination conducted by Magadh University, Bodh Gaya stands recognized as equivalent to B.A. Examination of Panjab University for purposes of admission to higher courses.;