VINOD KUMAR Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) The petitioner, who was holding the post of Junior Assistant in the Department of Transport, State of Punjab has impugned by way of filing of the present writ petition order dated 7.8.2009 (Annexure P-5), whereby he has been ordered to be compulsorily retired with immediate effect. Further challenge is to the order dated 8.10.2009 (Annexure P-7), whereby it has been ordered that the petitioner shall not be paid anything except what he has already received during his period of suspension i.e w.e.f. 1.6.2006 to 22.7.2007.

(2.) The petitioner joined service with the Transport Department, Punjab on the post of Clerk in the year 1972. On the basis of a complaint having been received against him through the Vigilance Department, Punjab the petitioner while working as Junior Assistant, Punjab Roadways, Ferozepur was served with a charge sheet dated 6.10.2006. Prior thereto he had been placed under suspension on 1.6.2006. Suffice it to notice that the charges levelled against the petitioner were in relation to manipulation and fabrication of official record, misusing his official position and accordingly, facilitating the joining back of two employees in service. Such employees, even though, had been ordered to be reinstated in terms of court orders but the allegation against the petitioner was that without even awaiting the approval from the head office and in terms of manipulating official record he in connivance with such officials had permitted them to join back and as such had caused loss to the State. The petitioner filed a reply to the charge sheet and upon consideration of the same an Inquiry Officer was appointed.

(3.) In terms of the inquiry report dated 6.5.2008 findings were returned against the petitioner. The matter was taken up by the punishing authority, who upon consideration of the inquiry report and having agreed with the findings contained therein issued a show cause notice to the petitioner proposing a major penalty under the provisions of the Punjab Civil Services (Punishment & Appeal) Rules. The petitioner submitted a reply to the show cause notice and finding the same to be unsatisfactory and after affording an opportunity of personal hearing the impugned order dated 7.8.2009 was passed compulsorily retiring him with immediate effect. It is on the basis of the petitioner having been found guilty by the Inquiry Officer and findings having been returned against him that the requisite order dated 6.10.2009 was also passed under Rule 7.3 of the Punjab Civil Services Rules Vol.I Part I, whereby the petitioner was held to be not entitled to anything over and above that he had already received for the period of suspension i.e w.e.f. 1.6.2006 to 22.7.2007.