Tejinder Singh Dhindsa, J. - (1.) Petitioner who is a retired Principal from the Education Department, State of Haryana has filed the instant petition assailing the order dated 21.02.2014 (Annexure P-9) issued by the Principal Secretary to Government of Haryana, School Education Department imposing upon him the punishment of stoppage of one grade increment without cumulative effect.
(2.) Brief facts leading to passing of the impugned order may be noticed. Petitioner joined as a Teacher under the Haryana Education Department and earned promotions to the post of Head Master as also Principal and from which post, he stands superannuated. While serving as Head Master in Government Senior Secondary School, Jakhal Mandi (Fatehabad), disciplinary proceedings were initiated against him in the light of a charge sheet dated 06.07.2009 under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987. The precise articles of charge drawn against the petitioner were in the following terms: "That Sh. Hari Swaroop during the period of 04.03.2004 to 20.07.2007 while holding the post of Headmaster, Govt. High School, Dagra (Fatehabad) made the following irregularities for which he is being charge sheeted:- 1. That Sh. Hari Swaroop, purchased Pressure Cooking Equipment, consisting of Gas chuhla and Regulator for Rs. 2369/- each, including VAT charges after obtaining quotations from M/s Rasoi Gas, Tohana, which was not an approved source of Haryana Govt. whereas the approximate cost of the above equipment is only Rs. 1300/-. 2. That Sh. Hari Swaroop violated the instructions issued by Finance Deptt. Haryana and caused a loss of Rs. 75,600/- to the State Exchequer of Haryana and that the Chulas purchased were not ISI marked." The response filed by the petitioner to the charge sheet having been found unsatisfactory, Sh. R.K. Verma, IAS (retired) was appointed as the Inquiry Officer.
(3.) The inquiry proceedings culminated in the furnishing of an inquiry report dated 10.05.2010 (Annexure P-3) absolving the petitioner of the charges. The Disciplinary Authority, however, disagreed with the findings of the Inquiry Officer and recorded a dissenting note dated 30.09.2011. The dissenting note was served upon the petitioner and to which, he submitted a representation dated 02.12.2011. Vide order dated 16.03.2012 (Annexure P-7), a punishment of stoppage of one grade increment with cumulative effect was imposed upon the petitioner. The petitioner being aggrieved preferred a memorial to the Governor of State of Haryana. Such memorial stands partly accepted and resulting in the issuance of the impugned order dated 21.02.2014 (Annexure P-9), whereby the punishment stands reduced to stoppage of one grade increment without cumulative effect.;