DARSHAN LAL BHANDARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present writ petition has been filed under Article 226 of the Constitution for issuance of a writ in the nature of certiorari to quash the impugned order dtd. 24/10/2013 (P-18) passed by respondent no.2-Commissioner Ferozepur Division, Ferozepur whereby statutory appeal of the petitioner was rejected and punishment of dismissal from service for the post of Senior Assistant imposed by respondent no.3-Deputy Commissioner, Moga vide order dtd. 10/11/2008 (P-15) was confirmed.

(2.) Paper book reveals that initially, on 6/12/1980, petitioner was appointed as a Peon in the office of Deputy Commissioner, Ferozepur; then promoted as Clerk; thereafter on 1/1/1991 as Senior Assistant and subsequently, upon creation of new district Moga, petitioner was transferred in the office of Deputy Commissioner, Moga.

(3.) The Government of Punjab, Personnel Department, vide Policy dtd. 8/5/2002 (P-6) inter-alia decided that any government employee who is having 08 years regular service, can apply for 5 years leave for self employment subject to certain terms and conditions. In pursuance of the said policy, petitioner made a request dtd. 12/9/2005 for grant of 05 years leave, but taking into consideration the public interest, Deputy Commissioner, Moga vide order dtd. 24/2/2006 (P-7) declined the same; however, granted earned leave upto 28/2/2006. At the same time, petitioner was directed to resume duties w.e.f. 1/3/2006; with clear indication that in case, there is a failure, necessary action shall be taken against him as per rules. In response to above order, petitioner made another representation dtd. 28/2/2006 (P-8) requesting that he has started business under self-employment scheme w.e.f. 4/9/2005, which was showing some progress and in case of joining duties, he will suffer losses in the business, thus requested for 05 years leave. The Deputy Commissioner while taking note of the fact that petitioner was directed to join duties w.e.f. 1/3/2006, but despite that he failed to do so, suspended him with immediate effect vide order dtd. 6/5/2006 (P-9). Also ordered that during suspension period, petitioner shall get suspension allowance and his head quarter will remain at the Office of Sub Divisional Magistrate, Bagha Purana, District Moga, where he was directed to be present on every Monday.