MADAN MOHAN Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) Mr. K.K Jagia, learned counsel for the appellant states that the appellant had filed an appeal against the order of the Deputy Commissioner, Sirsa, dismissing him from service, to the Commissioner, Hissar Division, and that appeal is still pending. During the pendency of the appeal itself, the appellant filed a civil suit, challenging his dismissal from service. The said suit was dismissed by the Senior Sub Judge, Sirsa, on 5th December, 1987. Against that order, an appeal was taken to the Additional District Judge, Sirsa. The Additional District Judge, Sirsa, also dismissed his appeal. Mr. Jagia very strongly contended that the charge against the appellant is not of insubordination but is a technical offence that the appellant contested elections considering himself to be out of service, in view of his earlier removal from service. It appears that the statutory appeal filed by the appellant before the Commissioner has not been decided on merits.

(2.) Learned counsel for the state strongly opposed the contention raised by Mr. Jagia. He says that the appellant has tried his luck before the Senior Sub Judge and the Additional District Judge and there is no ground to hear the second appeal. It is the duty of the Commissioner to decide the statutory appeal according to the rules as laid down in the Punjab Civil Services (Punishment and Appeal) Rules.

(3.) In view of the fact that the appeal against the order of dismissal from service is still pending, I partly accept this appeal, set aside the judgments and decrees passed by the Courts below. However, I direct the Commissioner, Hissar Division, to decide the appeal on merits within six months. The Commissioner is directed to keep in view that the charges levelled against the appellant are of technical nature. The charges do not involve any moral turpitude on the part of the appellant. The Commissioner should also keep in view the record and length of the service of the appellant while deciding the appeal. The Commissioner is directed to decide the appeal in view of the observations made above.