KRISHAN KUMAR RATHEE Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) This is plaintiff's second appeal.

(2.) Plaintiff is working in the Government of Haryana, Transport Department. Being a Government employee of the Haryana Roadways, he was issued a family Pass from Rohtak to Katra as per rules in Sept., 1979. On 29.9.1979, Bus No. HRO 4901 which was on its schedule from Rohtak to Katra was checked by Traffic Manager, Haryana Roadways, Rohtak with the assistance of Chief Inspector. In the course of checking, one Rajinder Singh Rana was found travelling on the family pass issued in the name of the plaintiff. For the misuse of the family pass, the plaintiff was placed under suspension vide letter dated 17.10.1979 but later on was reinstated vide letter dated 2.11.1970. He was transferred to Haryana Roadways, Sirsa pending departmental enquiry. The plaintiff was served with a Memo No. 9021/EA-2EI dated 1.10.1980 vide which the plaintiff was directed to show cause as to why any of the minor punishments contained in Rule 4 of the Punjab Civil Services Rules, 1952 be not imposed upon him. In reply to this show cause notice, the plaintiff, on 5.10.1983 submitted that the family pass was lost by him and he came to know about this at the eleventh hour. He also submitted that he reported the matter to the police on 29.9.1979. He further stated that he has not misused the pass nor transferred the same to any one else. He prayed that the memo served upon him be filed and the suspension period be treated as duty period. In the meantime, the plaintiff was served with another show cause notice dated 11.8.1981 in which the plaintiff was informed that the suspension period - was considered justified and he was called upon to show cause as to why pay and allowances during the suspension period should not be restricted to the subsistence allowance already paid to him and also to show cause as to why he should not be debarred from the facility of free travelling for a period of three years. The plaintiff also submitted reply to this show cause notice on 11.8.1981 an again requested to file the same.

(3.) Vide letter dated 2.4.1982 the plaintiff was informed that his reply to the show cause notice was found unsatisfactory and the following punishments were inflicted:-