Kuldip Singh, J. - (1.) Kehar Singh Pannu-petitioner has preferred the present petition filed under Article 226/227 of the Constitution of India for the issuance of a writ of mandamus/certiorari quashing the order dated 23.07.2002 (Annexure P-4) and order dated 16.07.2012 (Annexure P-9).
(2.) Brief facts of the case are that the petitioner was working as Junior Engineer in department of Public Health, Punjab since 15.07.1971. He retired from service on 30.04.2005 on attaining the age of superannuation. During his service, he was issued charge sheet on 28.01.1993 on the allegation of misappropriation of Rs. 6,86,393.98, on account of not obeying the orders of the superiors and for not taking interest in his duties. Ultimately, in the inquiry, he was held guilty and punishment authority i.e. the Chief Engineer (RWS-North), Punjab Public Health Department, Patiala vide order dated 29.09.2000 (Annexure P-2) has passed order whereby punishment and censure and recovery of Rs. 1,18,312/- for causing financial loss was imposed upon the petitioner.
(3.) It comes out that the petitioner then filed a representation before the same authority i.e. the Chief Engineer (RWS-North), Punjab Public Health Department, Patiala. The said Chief Engineer vide office order dated 23.07.2002 (Annexure P-4) noticed that in addition to present petitioner, Kehar Singh Pannu, Junior Engineer, one Daljit Singh Bains were equally responsible for causing loss to the Government. Therefore, the said order dated 29.09.2000 imposing punishment upon the petitioner was withdrawn and it was ordered that the charge-sheet against him is dropped and at the same time the Superintendent Engineer, Hoshiarpur was ordered to issue common charge-sheet under common proceedings against Daljit Singh Bains and the present petitioner Kehar Singh Pannu, Junior Engineer. But in pursuance thereto, no charge sheet was issued and the petitioner ultimately retired on 30.04.2005. It also comes out that when the retiral benefits of the petitioner were not released, he filed CWP No. 23604 of 2011 before this Court for directing the respondents to release his pension and gratuity with interest. The State in the reply to the said petition annexed the order dated 16.07.2012 (Annexure P-9) in which the Government took the view that the order dated 23.07.2002 passed by the Chief Engineer tantamounts to review the order and Chief Engineer has no power to review his own order when the appeal was to be preferred before the Administrative Secretary and as such, the second order is ab initio, void and is not valid. Consequently, the petitioner withdrew the petition with liberty to file fresh petition challenging the said order and hence, the present petition was filed. The Superintending Engineer, Water Supply and Sanitation Circle, Hoshiarpur addressed a communication dated 27.07.2007 (Annexure P-8) i.e. after the retirement of the petitioner wherein he requested the Chief Engineer (North), Punjab, Water Supply and Sanitation Department, Patiala that Sub Divisional Engineer/Junior Engineer may kindly be exonerated and recovery of Rs. 25,314 /- be effected from Kehar Singh Pannu, Junior Engineer ( Retd.). However, thereafter the matter rested there and the Chief Engineer did not pass any order withdrawing the earlier order dated 23.07.2007.;