- (1.) By means of this writ petition under Article 226/227 of the Constitution of India, the petitioner has sought this Court to issue writ in the nature of mandamus/certiorari to quash the charge-sheets served through memorandums dated 2.3.2005 (Annexure P/21); 7.3.2005 (Annexure P/22 and P/23) and order dated 28.3.2005 (Annexure P/25) having been issued by respondent No. 3 who was not a competent person for initiating the disciplinary action by usurping the powers of the 'Board' with all consequential benefits flowing therefrom such as regularisation of suspension period and to grant any other relief.
(2.) The facts of the case are that the petitioner is working as an Environmental Engineer in the Haryana State Pollution Control Board and is aggrieved by the successive charge-sheets issued by the then Chairman Haryana State Pollution Control Board (respondent No. 3) out of mala fide and inimical attitude and by twisting the facts so as to harass the humiliate the petitioner for satisfying his personal grudge. The petitioner whose services were earlier availed by Housing Board Haryana on deputation basis was relieved to resume his duty in his parent department on 1.4.2004 (F.N.) copy of order dated 1.4.2004 is Annexure P/5. The petitioner was directed to report for duty to the Office of Chairman, Haryana State Pollution Control Board, Panchkula and accordingly he joined on 7.4.2004 (F.N.) copy of which is Annexure P/7.
(3.) During the period the petitioner worked under respondent No. 3, he brought certain irregularities committed by respondent No. 3 to his notice which according to petitioner aroused a wrath against him and vide Annexure P/2 1, the petitioner was charge-sheeted for major penalty dated 28.2.2005 copy of which is Annexure P/21. The following is the charge-sheet issued by the Chairman of the Haryana State Pollution Control Board :- List of charges levelled against Sh. S.K. Mittal, Environmental Engineer : Sh. S.K. Mittal while working as Environmental Engineer in the Head Office of the Board committed the following acts of omission and commission : The Rule 3 of the Government Employees (Conduct) Rules, 1966 inter alia provides that every Government Employee shall at all times : (i) maintain absolute integrity; (ii) maintain devotion to duty; and (iii) do nothing which is un-becoming of a Government Employee. But Sh. S.K. Mittal, Environmental Engineer acted in total breach of above rule 3 of the Government Employees (Conduct) Rules, 1966 and committed following acts of omission and commission : 1. Sh. S.K. Mittal, Environmental Engineer got the closure orders of M/s. Deepak Construction Company Narnaul, Mohindergarh suspended by concealing the factual facts of the case with extraneous consideration. 2. He misled the competent authority by submitting wrong status of above unit. 3. He has committed serious acts of omission and commission by allowing the polluting unit to run in violation of Govt. notification dated 30.10.1998 in connivance with the unit. 4. He acted in contravention of Govt. notification dated 30.10.1998. 5. He acted in total breach of Government Employees (Conduct) Rules, 1966. Chairman Haryana State Pollution Control Board.;