S K BUDHIRAJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The short point involved in this writ petition is, whether the order of removal from service of the petitioner from the post of Principal, Markanda National College, Shahabad, District Kurukshetra in the State of Haryana, is liable to be set aside on the ground that reasonable opportunity of defending was not afforded to the petitioner, during the course of inquiry by the Inquiry Officer and before passing the impugned order, by the Managing Committee of the College.

(2.) Briefly stated, S.K. Budhiraja petitioner was appointed as Principal of the Markanda National College, Shahabad (hereinafter referred to as 'the College') on 1st October, 1982. He was served with a charge-sheet on 31st May, 1985, to which he submitted his reply. Thereafter, another charge-sheet was served upon him on 5th October, 1985, on the basis where of the Managing Committee of the College decided to hold a disciplinary inquiry against the petitioner. During the course of inquiry, some of the members of the Managing Committee appeared as prosecution witnesses against the petitioner and the same witnesses were members of the Managing Committee which held the petitioner guilty of the charges and proposed the punishment of removal from service. Further, after the entire evidence before the Inquiry Officer was completed by the parties, the Managing Committee led additional evidence by examining certain witnesses. The petitioner was, however, not allowed to cross-examine these witnesses by the learned Inquiry Officer, nor was the petitioner permitted to lead evidence in rebuttal of the additional evidence. Specific averments to this effect have been made in paras 13 to 17 of the writ petition. Thereafter, on receipt of the report of the Inquiry Officer, the Managing Committee of the College, vide its communication dated 4th October, 1986 (Annexure P.4), proposed to impose the punishment of removal from service on the petitioner. On receipt of the said notice, the petitioner submitted his representation against the proposed punishment to the Director, Higher Education, Haryana, who confirmed the order of removal from service passed by the Managing Committee on 10th February, 1988 (Annexure P. 6). Thereafter, the Managing Committee of the College vide its communication dated 16th April, 1988 (Annexure P.9), removed the petitioner from service. The revision filed by the petitioner against the same was also dismissed by the Commissioner and Secretary to Government Haryana, Education Department, on 14th July, 1988 (Annexure P.7).

(3.) Notices were issued to the respondents after admission of the writ petition but neither any written statement has been filed nor have the respondents or their counsel put in appearance. For the second time also, when the writ petition was ordered to be listed for actual date of hearing, registered notices were issued to the respondents, but there is neither any reply filed by the respondents, nor is there any representation on their behalf.