RAM KISHAN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE Petitioner is aggrieved by the order of dismissal of his services. He was appointed as a Class IV Sweeper. The only reason to terminate his services has been the vigilance inquiry which was allegedly conducted by the Respondents which pointed to orders of regularisation being passed by some officials on accepting illegal gratification. On the basis of the vigilance inquiry, a separate inquiry was also conducted against the Petitioner on the allegation that he had also obtained this benefit without their being any legal right existing in his favour. The inquiry officer held against the Petitioner and the impugned order of dismissal was passed.

(2.) LEARNED Counsel for the Petitioner contends that there is no material to suggest that the Petitioner was in any way instrumental in passing on illegal gratification which according to the Respondents is the reason for terminating the services of the Petitioner as he had unauthorisedly obtained such a benefit.

(3.) UPON perusal of the material on record, I am of the considered opinion that the action of the Respondents is totally unjustified. There is no material to suggest that the Petitioner ever paid illegal gratification to obtain an order of regularisation. Whether he was entitled to regularisation or not is a separate issue and if his services have been regularised contrary to the law or policy by the Respondents then he cannot be held responsible for the same, unless it is proved beyond any doubt that he had obtained such a benefit by active mis -representation or active fraud. There does not seem to be any material to suggest such a complicity at the level of the Petitioner. Besides, the Division Bench of this Court in CWP No. 6539 of 2008 titled as Angrej Singh v. State of Haryana and Ors. decided on 22.7.2008 in similar circumstances has already set aside the order of dismissal of persons who were similarly situated as the Petitioner and who allegedly were also accused of complicity with officials of the Respondents in procuring similar orders.