SHAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner while serving as Field Officer in the respondent Corporation at Ambala was allegedly caught red handed by the State Vigilance Bureau for taking bribe of Rs. 1,000/- from Smt. Shakuntla wife of Shri Om Parkash resident of Krishna Colony, Near Naya Gaon, Ambala City for sanctioning the loan for the purchase of buffaloes. In view of the allegation, the petitioner was placed under suspension w.e.f. 28.10.2005 vide order dated 31.10.2005. Finally, he was charge sheeted vide memo dated 23.01.2006 and prosecution sanction was also accorded vide order dated 21.03.2006. Thereafter, the petitioner remained suspended for sometime. However, he was exonerated of the charges by the Inquiry Officer vide his report dated 24.02.2009, whereas, in the criminal proceedings initiated against the petitioner, the Special Judge, Ambala convicted and sentenced the petitioner vide order dated 23/24.03.2011 to undergo RI for one year under Section 7 of the Prevention of Corruption Act, 1988 and in default of payment of fine to further undergo RI for a period of one month and RI for two years and to pay a fine of Rs.2000/- under Section 13(1)(d) read with Section 13(2) of the. Prevention of Corruption Act, 1988 and in default of payment of fine, to further undergo RI for a period of two months. The appeal against the said judgment is pending before the High Court. Meanwhile, respondent No. 2 dismissed the petitioner from service vide order dated 01.06.2011.

(2.) While praying for setting aside the order dated 01.06.2011, learned counsel for the petitioner submitted that the petitioner has been dismissed from service without issuing any show cause notice or affording him any opportunity of being heard.

(3.) Reliance is placed on the judgments rendered by this Court in the cases of Hari Ram v. Dakshin Haryana Bijli Vitaran Nigam Limited and another, 2006 2 SCT 112, Vashampine alias Kunni v. State of Haryana and others (L.P.A. No.204 of 2007, decided on 04.10.2008) as well as on the judgment rendered by the Apex Court in the case of Union of India v. Tulsi Ram Patel, 1985 AIR(SC) 1416.