SHANTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) (Oral)

(2.) THE present writ petition has been filed by legal heirs of Dharam Pal, who is stated to have died due to illness. THE petitioners have assailed the order whereby Dharam Pal was dismissed from service on the basis of ex-parte enquiry. It is prayed in the writ petition that the order of dismissal be set aside and reinstatement of Dharam Pal be ordered. Petitioner be granted terminal benefits which include salary, leave encashment, arrears of salary and pension etc. Briefly stated, Dharam Pal husband of petitioner No.1 and father of petitioner No.2 to 6 was working as Mandi Supervisor in Market Committee, Safidon, Distt. Jind. It is stated that on 5.7.1997 Dharam Pal had sent a one day casual leave. THEreafter, he developed fever and sent a telegram for extension of four days leave. THEre was no improvement in the health rather it was deteriorating and Dharam Pal was hospitalized. Another telegram was sent for extension of leave for 15 days. Dharam Pal could not recover from illness and continuously remained under medical treatment. THErefore, telegram was sent for extension of leave. THEreafter, an enquiry was ordered to be held against Dharam Pal for his wilful absence from duty from 5.07.1997 till date of his death. It is stated that the enquiry held was ex-parte. Dharam Pal was not associated and his services were terminated vide order dated 7.4.2000 (Annexure P-1) without affording any opportunity of hearing. Dharam Pal had filed a statutory appeal against the order of dismissal. However, during the pendency of the appeal, Dharam Pal expired. Thus it is prayed that the enquiry, charge-sheet and the order of dismissal having been passed in absence of Dharam Pal are liable to set aside. It is stated that Punishing Authority had not considered the fact that Dharam Pal had rendered 34 years of service and earned 34 years' pension. It is pleaded that at the time of his death, Dharam Pal was 55 years and earlier thereto, he had not absented from the duty and absence in the present case was due to illness and circumstances beyond his control. Counsel for the respondents has stated that Dharam Pal, employee despite service of notice had not associated himself with the enquiry. To controvert this, counsel for the petitioner has stated that employee was suffering from mental ailment and depression and, therefore, was not able to comprehend the charges served upon him and was not in a position to associate himself with enquiry as he due to misery fallen upon him and psychiatric problem absented from duty. This Court is prima facie of the view that Dharam Pal, who had rendered 34 years of service, should have been leniently dealt with by the authorities and the family ought not to have been deprived of the pension. However, since the enquiry was held ex-parte and the proceedings held behind the back of Dharam Pal, this Court is of the view that the charge sheet served upon Dharam Pal, report of the ex-parte enquiry as well as the order of dismissal from service are liable to be set aside. THE matter is remanded back to the authorities to hold an enquiry afresh after associating legal heirs of Dharam Pal and thereafter orders be passed in accordance with the provisions of law. THE authorities shall conclude the proceedings within six months from the date of receipt of a certified copy of this order. THE writ petition is disposed of with no order as to costs.