AMAR SINGH VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner-Mr. Amar Singh Verma seeking quashing of the orders passed by the Departmental Authority imposing the punishment of dismissal from service upon the petitioner.

(2.) Petitioner was an employee of the respondent No.2/ Indian Nursing Council. By the memorandum dated 1.12.1995, and which was accompanied by the Article of Charges and imputation of misconduct with the facts, enquiry proceedings were initiated against the petitioner. There were a total of three Articles of Charges against the petitioner. The sum and substance of the charges against the petitioner was that when he was functioning as an Assistant Secretary (Admn.) of the respondent No.2 during the period 1992-95 he wrongly granted affiliation/recognition to Gandhi Memorial Medical Training Institute and College, Pathankot although the same was beyond his powers. There are also charges of issuance of communication dated 15.9.1992 to the said college for starting the General Nursing Training Course as a special case. Petitioner is also guilty of addressing a communication allowing 27 first year general Nursing students to appear in examinations. Petitioner was also found guilty of writing letters to V.V.I.Ps such as the Governor of Himachal Pradesh, Chief Minister of Himachal Pradesh and Registrar of Himachal Pradesh Nursing Registration Council to derecognize the Himachal Pradesh State Nursing Registration Council. Petitioner is also charged with writing a number of communications at his own level without proper authority to over a dozen of institutions as stated in Article II of charges. Petitioner has been charged with acting in a manner to favour these institutions stated in Article II. Petitioner is also charged with joining hands with one Mrs. R.D. Verma in making manipulations to make it appear that recognition had been secured by the Gandhi Memorial Medical Training Institute and College and which aspect was adversely commented upon by the High Court of Himachal Pradesh in W.P. No.1537/1993. In sum and substance, the petitioner is charged with doing various acts not falling in the scope of his powers/duties.

(3.) Enquiry proceedings culminated by passing of the report by the Enquiry Officer dated 23.4.1997 which reads as under:-