Sham Sunder, J. - (1.) The instant writ petition has been filed by the petitioner for quashing the order dated 2,9,1988 (Annexure P/9), vide which he was dismissed from service. Prayer for issuance of writ of mandamus directing the respondents to regularise the services of the petitioner since August, 1980 with consequential benefits of pay and allowances, was also made.
(2.) The petitioner was selected as P.C.M.S.II, and appointed as Doctor by respondent No. 1. He joined, as such, at Canal Hospital Talwara on 26.12.1967, under respondent No. 3 and served there upto 31.8.1980. On 29.8.1980, respondent No. 3, at the instance of Principal Medical Officer, namely, B.S.Handa, unilaterally issued the transfer orders of the petitioner vide letter of the even date (Annexure P/1). The petitioner was directed to report for duty to respondent No. 2 for further posting orders. It was stated that the petitioner was on causal leave with effect from 28.8.1980 to attend to his ailing mother and his posting order was issued during this period. The petitioner was forcibly relieved of his duties by making local arrangement with effect from 31.8.1980, though, the transfer order referred to hereinbefore was not served upon him. It was further stated that, as per the policy of the Beas Construction Board where the petitioner was employed, repatriation order could not be passed, without getting the posting orders of the petitioner from respondents No. 1 and 2. Respondent No. 3 did not obtain any sanction, from the Central/Punjab Government, before passing the order dated 29.8.1980 (Annexure P/1). It was further stated that due to further deterioration, in the health of the mother of the petitioner, he had to extend his leave till May,1981. Respondent No. 1 was informed by the petitioner, vide application dated 12.5.1981 (Annexure P/2), that his mother had regained her health, for which he had to extend his leave, and requested him to issue his posting orders, so as to enable him to join his duties. It was further stated that the petitioner was surprised to find a public notice issued by respondent No. 1, in a Punjabi Newspaper dated 17.5.1981, the true translation whereof is Annexure P/3, vide which he was charge sheeted levelling three charges of wilful absence, from duty, with effect from 29.8.1980, refusal to accept the transfer orders; and disobedience to the orders of higher authorities. The petitioner was asked by respondent No. 1 to submit his reply to the aforesaid charge sheet, within 15 days, from the date of publication of the notice, annexure P/3. It was further stated that the petitioner was never informed before or after the publication of the aforesaid notice, as to whether, his request for extension of leave was accepted or rejected. In response to notice Annexure P/3, the petitioner sent a detailed reply dated 26.5.1981, to respondent No. 1. He also submitted a representation, copy whereof is appended as Annexure P/4 with the petition. He denied all the charges, levelled against him, in the charge sheet. It was further stated that the reply filed by the petitioner was found to be satisfactory by respondent No. 1, as a result whereof, his services were put at the disposal of Civil Surgeon, Gurdaspur. It was further stated that unfortunately, he was again posted under Dr. B.S.Handa, Civil Surgeon, Gurdaspur, who was the Principal Medical Officer at Canal Hospital, Talwara and was instrumental, in getting the repatriation of the petitioner to his parent State. Dr. B.S.Handa was biased against the petitioner as he (petitioner) refused to attend to his unofficial duties assigned by him. The petitioner, thus, did not find it safe to serve under Dr. B.S.Handa, and apprehended that his career will be spoiled by him. The petitioner requested respondent No. 1 to post him at Canal Hospital Talwara, or at any other place near Talwara in District Hoshiarpur, due to the continuous ill -health of his mother. His request for posting in District Hoshiarpur, was rejected, and he was directed to join duty at Gurdaspur. The petitioner received a letter dated 30.101984 from the Deputy Director, Health Services, Punjab Chandigarh, that he (Deputy Director) had been appointed as Enquiry Officer to hold an enquiry into the charges levelled against him (petitioner). The petitioner was asked to appear before the Enquiry Officer on 6.11.1984 at 2.00 p.m. However, as the letter was received by the petitioner after the expiry of date fixed for hearing, the petitioner made a request to fix some other date. The petitioner was then asked to appear on 30.11.1984 before the Enquiry Officer. On this date he appeared before the Enquiry Officer. The Enquiry Officer proceeded with the enquiry without affording the petitioner facility of defence counsel in violation of the principles of natural justice. The Enquiry Officer held the petitioner guilty of the charges levelled against him in the charge sheet. Show cause notice dated 4.3.1985, was served upon the petitioner. The petitioner filed a representation dated 15.3.1985 (Annexure P/8) to the show cause notice. The petitioner also asked for personal hearing. He was however , not afforded an opportunity of personal hearing. Ultimately he was dismissed from service, vide order dated 2.9.1988 (Annexure P/9). It was further stated that the said order was illegal, without jurisdiction arbitrary , void and against the principles of natural justice. Accordingly, the prayer referred to in para 1 above, was made.
(3.) In the written statement, the respondents admitted the appointment of the petitioner and his joining in Canal Hospital on 20.3.1968. It was denied that he joined on 26.12.1967. It was stated that during August, 1980, the petitioner was posted in Beas Dam Project Talwara. He was repatriated by the Beas Dam authorities and directed to report for duty to respondent No. 2. It was further stated that as per the terms and conditions of deputation, the petitioner could be repatriated without notice. It was further stated that the petitioner was relieved of his duties, but he refused to receive the order of his repatriation. He remained absent from duty with effect from 29.8.1980, in an unauthorised manner. Accordingly, charge sheet vide order dated 24.11.1980, was sent to the petitioner, which was received back undelivered. Thereafter, a public notice was issued, in the newspaper. The petitioner submitted representation to the charge sheet. After considering his representation, he was allowed to join his duty without prejudice to the departmental proceedings vide order dated 25.3.1983. The petitioner did not join his duties and requested for his posting in Canal Hospital Talwara or in District Hoshiarpur. His representation for transfer to Talwara or District Hoshiarpur, was rejected due to the exigencies of service. It was further stated that the Enquiry Officer was appointed. During the course of enquiry, full opportunity was afforded to the petitioner to cross -examine the witnesses, and lead his defence. The Enquiry Officer held the petitioner guilty of the charges, levelled against him, in the charge sheet. Ultimately, show cause notice, was served upon him. He filed representation. After obtaining the approval of the Punjab Public Service Commission, the petitioner was dismissed from service on account of grave misconduct , vide the order referred to hereinbefore.;