SATYA PAUL MARWAHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has prayed for the issuance of a writ in the nature of certiorari for quashing the impugned order dated June 6, 1989 (Annexure P-16) passed by respondent No. 1, i.e. the Commissioner and Secretary to Government, Haryana, Development and Panchayat Department proposing a 5% cut in his pension on account of loss caused to Government by him. The petitioner has further prayed for the issuance of a writ in the nature of mandamus directing the respondent Nos. 1 and 2 to promote him as Joint Director or on equivalent post prior to the date of promotion of his juniors, i.e. respondent Nos. 4 and 5. He has further prayed for the issuance of a writ in the nature of mandamus directing respondent Nos. 1 and 2 to release the pensionary benefits to him.

(2.) It has been averred in the writ petition that the petitioner and respondent Nos. 4 and 5 had been working as Block Development and Panchayat Officers in the State of Haryana. According to the Gradation List issued on January 1, 1987, the petitioner was at serial No. 3 whereas respondent Nos. 4 and 5 were at serial Nos. 5 and 6 respectively. It has been further averred that Ch. Bhajan Lal was an M.L.A. from Adampur Constituency in 1978-79 and was inimical towards the petitioner. On becoming the Chief Minister, Haryana, he suspended the petitioner on July 30, 1979 and a false case under Section 5(i)(d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as "the Act") was got registered against him. A copy of the letter dated April 9, 1980 issued by the Secretary to Government, Haryana, Development and Panchayat Department (respondent No. 1) to the Deputy Commissioner, Hisar, is annexed with the writ petition as Annexure P-1. An enquiry was held and a charge-sheet was issued to the petitioner.

(3.) It has been further averred that the petitioner was acquitted in the Corruption case No. 9 of 1983 registered against him vide F.I.R. No. 144 dated April 20, 1980, Police Station Sadar, Hisar under Section 5(i)(d) punishable under Section 5(2) of the Act and under Section 161, Indian Penal Code, by the Special Judge, Hisar vide his judgment dated March 2, 1985, a copy of which is annexed with the writ petition as Annexure P-3. The petitioner was charge- sheeted vide memorandum dated May 12, 1980 (Annexure P-4). A regular enquiry was also conducted by the Enquiry Officer, who submitted his report on March 3, 1987. In this enquiry, the petitioner was exonerated of all the charges levelled against him, but the Commissioner and Secretary to Government of Haryana (respondent No. 1) did not agree on one charge at serial No. 3 and issued a show cause notice dated July 2, 1987 (Annexure P-5). The petitioner replied to the abovesaid show cause notice. Vide order dated August 6, 1987 (Annexure P-6) of the Commissioner and Secretary to Government Haryana, Development and Panchayat Department, the petitioner was exonerated of all the charges and the period of suspension from July 30, 1979 to February 15, 1983 was treated as duty period for all intents and purposes with regard to the increments, leave and pension etc.