H.L. CHAWLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was working as Junior Engineer with the respondents. He retired on 31.12.1998. Two charge sheets were issued against the petitioner on 29.12.1998 and 30.12.1998, annexures P/6 and P/7, respectively. The first charge sheet includes the charge of not handing over the charge of the store of the section which resulted a shortage of store amounting to Rs. 61,782/-. The second charge sheet includes the charge of not handing over the charge properly when he was transferred causing loss amounting to Rs. 3786.92. The punishment orders are at Annexures P/8 and P/10. By order annexure P/8, dated July 2, 1999, recovery of Rs. 3786.92 was ordered to be made while by order dated 26.10.1999, annexure P/10, Rs. 61782/- alongwith interest was ordered to be recovered. It is mentioned in the orders that the charge sheets were given to the petitioner but he has chosen not to file reply.

(2.) In the present case, the petitioner did not reply to the charges against him. It may be noted that recovery of the pecuniary loss, caused by negligence or breach of orders, is a minor penalty provided at Sr. No. (1)(iv) in Rule 4 of the Punishment and Appeal Rules, applicable to the State of Haryana. It is also not disputed in this case that no departmental enquiry as provided for major penalty was carried out.

(3.) Learned counsel for the petitioner argued that the petitioner having been retired, only rule 2.2(b) of the Punjab Civil Services Rules, Vol. II (as applicable to the State of Haryana) shall be applicable for recovering the amount for pension. Rule 2.2(b) reads as under :-