RAJBIR SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Vide the impugned order dated 6.3.2006 (Annexure P-6), petitioner has been removed from service pursuant to the disciplinary proceedings held against him by the Disciplinary Authority. Order of removal came to be challenged by the petitioner before the Appellate Authority, i.e., the Financial Commissioner & Principal Secretary to Government Haryana, Transport Department. The Appellate Authority dismissed the appeal vide order dated 4th September,2006 (Annexure P-8). Both the orders are under challenge in the present petition.

(2.) It may be useful to briefly notice the factual position leading to the filing of the writ petition. The petitioner was serving as a Clerk in the office of respondent No. 2. He was served with a charge sheet (Annexure P-1) containing following charges:

(3.) Reply was solicited. The petitioner submitted his reply to the charge sheet denying the allegations contained therein. The disciplinary authority, however, ordered an inquiry into the alleged misconduct/charge. The Inquiry Officer submitted his report dated 25.4.2005 (Annexure P-4) holding that the charges against the petitioner stood proved. At this stage, it is pertinent to note that the charge against the petitioner contained two count of allegations: (i) the petitioner was under the influence of liquor when he attended the office. (ii) that he misbehaved with the co-employees. The Inquiry Officer held both the allegations proved. Insofar as the allegation that the petitioner was under the influence of liquor, has been established as he was medically examined and the report of the Doctor clearly established that the petitioner was under the influence of liquor. Insofar as the second allegation that the petitioner misbehaved with the employees is concerned, though the Inquiry Officer held the allegations to be proved, however, from the perusal of the Inquiry report, it appears that this allegation has been held to be established or proved against the petitioner, on the basis of testimony of two departmental witnesses who appeared in support of the charge, namely, Surinder Singh, Manager of the Workshop and Shri Vishnu Bhagwan posted in PMA Gurgaon Depot. From the statement of the witnesses, it appears that none of the witnesses deposed that the petitioner misbehaved with employees in their presence. However, Vishnu Bhagwan, witness stated that other staff told that Rajbir Singh has taken the drink and he was making a noise. No other staff member has appeared as witness. Even neither Vishnu Bhagwan nor any such staff member has stated that they had seen the petitioner making noise and misbehaving with anyone. The findings of the Inquiry Officer to this extent is perverse as there is no evidence on record to substantiate the same