- (1.) The petitioner has prayed for quashing of impugned order dated 14/21.9.2007 (Annexure P-5) vide which he has been awarded the punishment of stoppage of three increments with cumulative effect.
(2.) Brief facts of the case are that the petitioner was appointed as Lecturer in Economics on 4.8.1989 in Vivekanand College, Nangal Chaudhary. The same was taken over by the Government on 24.7.1997 and since then he is in the employment of Education Department, Government of Haryana/respondent. The petitioner was charge sheeted under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 (for short the Rules) vide memo dated 16.11.2004 for the acts of omission and commission, committed while he was posted as Lecturer in Commerce, Government College, Hodal from 9.7.1998 to 11.12.2003. The charges levelled against him were as under :- 1. "A camp regarding primary health training was organized from 15.10.03 to 17.10.03 at Government College, Narnaul. The nearby colleges were instructed to send the NCC Cadets for training. Sh. Anil Dahiya reached the camp site alongwith the NCC Cadets to participate in the training camp on 14.10.03. He had consumed alcohol (wine) and in a drunken state, he misbehaved with the following officials/employees who were present on the site. 1. Sh. Suresh Kumar Dugga, Naib Tehsildar. 2. Sh. Ajit Singh and Sh. Umed Singh, 0/o Deputy Commissioner, Mahendergarh. 3. Sh. Tek Chand Yadav, Instructor, District Primary Education Officer, Narnaul. 4. Sh. Pardeep Kumar, District Coordinator, Nehru Yuva Kendra, Narnaul. Inspite of the persuasion made by the officials present at the site, he did not change his attitude. When the high officials warned him, he left for Faridabad by bus. Such misbehaviour with officials/employees indicates his indiscipline, misconduct and immorality. Due to his unwanted behaviour as stated above, he has put the department in an awkward position and it has also given a wrong signal to the public in general and specifically to the students in the division. With this behaviour, he has disgraced the dignity of his post and he has also violated service rules (conduct) 1966 clause 3.1 and 3.1(ii) and (iii). The irregularities committed by Sh. Anil Dahiya shows the serious misconduct and he has himself made responsible for the stern disciplinary action." The petitioner filed his reply dated 15.12.2004 to the abovesaid charge sheet. The same was not found satisfactory and Enquiry Officer was appointed vide memo dated 27.1.2005, who submitted his enquiry report dated 11.10.2005 (Annexure P-3), the relevant excerpts of which are as under :- " Conclusion :- On the basis of the statements presented by Sh. Suresh Kumar Duggal, witness no. 1 (Annexure-I), Sh. Ajit Singh witness No. 2 (Annexure-II), Sh. Umed Singh witness No. 3 (Annexure -III), Sh. Tek Chand witness No. 4 (Annexure-IV) and Sh. Pardeep Kumar, witness No. 5 (Annexure-V) and the cross examination with Sh. Anil Dahiya (Annexure-XIII), the undersigned has come to the conclusion that Sh. Anil Dahiya accompanied the students as per the instructions of the Principal, Government College, Hodal. The statements given by the witnesses from Serial no. 1-5 do not tally with each other. Further the statement are only given by a few persons and no statement of other have been recorded in this case. If Sh. Anil Dahiya had used alcohol (wine) at the juncture, it was the duty of the employee and other officials to inform the matter to the CMO to get him medically checked so that there should be a solid proof of using the alcohol. But the statements given by the witnesses from serial no. 1-5 shows that Sh. Anil Dahiya must have misbehaved whatsoever the reasons may be. Recommendations :- Misbehaving with the person on duty is the serious misconduct and it is not expected from a Lecturer/Govt. Employee of the college. Hence it is recommended that action may be taken against the teacher under rule (7) of Haryana Civil Services (Punishment and Appeal) Rules, 1987 on the grounds set up in the statement of charges." .
(3.) Thereafter, the Financial Commissioner-cum-Secretary, Government of Haryana, Education Department, Chandigarh, issued a show cause notice dated 25.1.2006 (Annexure P-1) alongwith a dissenting note and copy of the enquiry report. The show cause notice proposed penalty of stoppage of three increments with cumulative effect. The dissenting note contained the reasons for not agreeing with the conclusions and observations recorded by the Enquiry Officer. The petitioner filed his detailed reply dated 15.2.2006 (Annexure P- 4) to the same. Personal hearing to the petitioner was also given on 17.7.2007. The disciplinary authority after careful consideration of the matter held that it was proved that the petitioner was drunk, misbehaved with his colleagues and superiors in front of the school children in the NCC Camp and did not perform his duties and proceeded to impose the punishment of stoppage of three increments with cumulative effect vide order dated 14/21.9.2007 (Annexure P-5). Hence this writ petition.;