JUDGEMENT
J.S.Khehar, J. -
(1.) The petitioner was inducted into the service of the Haryana
Roadways as a conductor in the year 1979. In 1992, while
discharging his
duties on a bus plying from Delhi to Amritsar, he was found to have
punched tickets in advance of three passengers valuing Rs.6/- each.
(2.) On
account of the aforesaid act of the petitioner, a regular departmental
enquiry
was conducted against him. On the culmination thereof, his services
were
terminated vide an order dated 22.12.1992. Dissatisfied with the
order of his
termination, the petitioner preferred an appeal. The appellate order is
interesting. The operative part thereof is accordingly being extracted
hereunder:-
"I have carefully studied the enquiry file of Sh.Mehar Singh,
Ex-Conductor No.167, Haryana Roadways, Kurukshetra and
found that there is a truth in the appeal of the appellant.
Therefore, I reinstate Sh.Mehar Singh, Ex-conductor No.167,
CWP NO.4423 OF 2006 2
Haryana Roadways, Kurukshetra in the service and his service is
being regularised and he will be given nothing for the period he
remained out of service and only the subsistence allowance shall
be given for the period of suspension."
(3.) The petitioner was not satisfied with the appellate order despite the
fact that
he was ordered to be reinstated, the grievance of the petitioner being
that he
was paid only subsistence allowance during the period he was out of
employment. It is, therefore, that the petitioner filed a revision petition
under Rule 13.14 of the Haryana Civil Service (Punishment and
Appeal)
Rules, 1987. Having examined the claim of the petitioner for full pay
and
allowances during the period he remained out of employment, the
Financial
Commissioner and Principal Secretary to Government, Haryana,
Transport
Department, by an order dated 18.11.2004 arrived at the conclusion
that the
petitioner was not entitled to anything beyond the subsistence
allowance . It
is this aspect of the matter, which is subject matter of challenge
through the
instant writ petition.;
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