SUBHASH GAKHAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 03.12.2010 (Annexure P-5) declining the request of the petitioner for release of withheld increment and for promoting him to the post of Deputy Superintendent.

(2.) The facts in brief are that the petitioner joined as a Clerk in the Haryana Civil Secretariat on 06.01.1981. He was promoted as an Assistant in July, 1991. A charge-sheet under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 (hereinafter referred to as '1987 Rules') dated 25.11.2008 was issued to the petitioner for remaining wilfully absent from duty and not disposing of the work of his seat. To this charge-sheet, petitioner submitted his reply, which was found to be unsatisfactory and a regular departmental enquiry was initiated against him.

(3.) The Enquiry Officer submitted his report on 30.09.2009 (Annexure R-1) holding the petitioner guilty of the charges as the said charges stood proved against him. A show cause notice was issued to the petitioner, to which the petitioner filed a reply and on considering the same, punishment of withholding of one increment without cumulative effect was imposed upon him vide order dated 23.12.2009. Against this order, petitioner preferred an appeal, which was rejected vide order dated 19.08.2010 (Annexure R-3).