SATINDER DHAWAN Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) The present writ petition has been filed by a dismissed employee of the Haryana State Lotteries, Department of Finance, Chandigarh praying that the impugned order of dismissal from service, dated 30.10.2002, Annexure P13, be set aside, as the same was not passed in consonance with the rules and principles of natural justice. It has been further prayed that impugned order, Annexure P13, so far as it ordered recovery of Rs. 11,78,398.50 paise along with interest, be also quashed.

(2.) Mr. D.K. Bhatti, counsel appearing for the Petitioner has primarily raised the following two arguments:

(3.) It is not disputed that Petitioner was posted as an Assistant in the Respondent-Haryana State Lotteries Department in the year 1987. It is alleged that during the course of his employment, he committed embezzlement in the sale of lottery tickets. Therefore, charges were drawn against him and a regular enquiry was held against him. On the observations made by this Court that mere delay is not sufficient to infer prejudice and both departmental and criminal proceedings can continue together, counsel has very fairly stated that he cannot join the issue with this Court, so far as this observation is concerned, but counsel states that it was incumbent upon the Appellate Authority to consider the effect of judgment of acquittal. Counsel states that had the Appellate Authority perused the judgment of acquittal, it would have come to a conclusion that Petitioner has committed no offence. Counsel states that Petitioner has not been acquitted while granting him the benefit of doubt. Counsel has read the grounds of appeal, where a reference has been made to the acquittal of the Petitioner from the criminal Court.