SHAMSHER SINGH Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2016-5-516
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 17,2016

SHAMSHER SINGH Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (1.) The petitioner, who serves the Education Department, Government of Haryana, as a Clerk, through the present petition, seeks quashing of charge-sheet dated 28.01.2016 issued to him, on charges of embezzlement and other acts of omission and commission on his part. A perusal of the impugned charge-sheet shows that the petitioner has been sought to be departmentally proceeded against for several acts of embezzlement on his part including serious charges of fraudulent withdrawal of salary by him, fraudulent sanction of commuted leave as also earned leave, interpolation and tampering of record and cuttings made by him in his service book. The allegations are serious and need to be gone into, but without even filing a reply to the charge-sheet, the petitioner has rushed to this Court through the present petition seeking the quashing thereof.
(2.) Learned counsel for the petitioner submits that the petitioner had earlier been charge-sheeted between the years 2000 and 2002 and one or two of the charges, out of a total of 14, in the impugned charge-sheet, pertain to that period and once the petitioner had not been charge-sheeted qua them in the earlier charge-sheets, he could not be charge-sheeted for these charges through the impugned charge-sheet. This argument of the learned counsel for the petitioner cuts no ice with me. Even if some of the charges pertain to a period, for which the petitioner had been served charge-sheets on other counts earlier, there is no bar for him to be charge-sheeted for acts of omission and commission on his part for that period through the impugned charge-sheet, especially when for the delay in the issuance of impugned charge-sheet qua those charges, no prejudice has been shown.
(3.) The nature of charges levelled against the petitioner are serious and at this stage, warrant no interference by me, in exercise of extraordinary and discretionary jurisdiction under Article 226 of the Constitution of India. The petition is clearly premature. Dismissed.;


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