Amarjeet Chaudhary, J. - (1.) The petitioner, an Ex. Clerk, Haryana Board of School Education in this writ petition filed under Articles 226/227 of the Constitution of India has challenged the order of his dismissal from service dated 10.12.1985, copy of which is Annexure P-10 to the writ petition and the order dated 5-11-1986, copy Annexure P-12, vide which the rejection of the appeal filed against the order of dismissal from service, was conveyed to him.
(2.) Shorn of unnecessary details, the relevant facts for adjudication are that the petitioner was placed under suspension vide order dated August 2, 1984. He was subsequently charge-sheeted vide Memo No. 9121/Estt. dated August 10, 1984 under Rule 7 of Punjab Civil Service (Punishment and Appeal) Rules, 1952 as adopted by the respondents. The petitioner submitted reply to the said charge-sheet in which he denied all the charges levelled against him. Shri S.K. Bhardwaj, Deputy Secretary of Haryana Board of School Education, was appointed as Enquiry Officer vide order dated September 28, 1984 in order to conduct a regular enquiry in respect of the charges levelled against the petitioner. The competent authority on the consideration of the inquiry report provisionally decided to impose the penalty of removal from service upon the petitioner. Before imposing the proposed punishment, the petitioner was served with a show cause notice vide Memo No. 9221/Admn. dated 16.7.1985. He submitted his reply to the said show cause notice on 31-7-1985. The petitioner was removed from service by the Chairman vide his order dated 10-12-1985 which was received by him on 29-1-1986. The petitioner preferred an appeal against the said order which was placed before the Board and the same was rejected by the Board with the observations that Shri Kuldip Kumar was given a personal hearing. He did not place any material before the Board which may warrant change in the punishment already awarded to him.
(3.) Aggrieved against the orders of the Punishing Authority as well as the Appellate Authority, the petitioner filed the present writ petition.;