KASHMIRA SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The instant writ petition has been filed under Article 226/227 of the Constitution of India for quashing of order dated 10.06.1991 (Annexure P-8) passed by General Manager, Haryana Roadways, Rewari dismissing the petitioner from service and order dated 06.07.1995 (Annexure P-11) passed by Additional State Transport Controller (C), Haryana, whereby the appeal filed by the petitioner against the order of General Manager, Haryana Roadways has been dismissed.

(2.) Brief facts of the case are that petitioner Kashmira Singh joined the Haryana Roadways as Conductor in November, 1976 and was allotted Conductor No.166. While performing duty at Government Bus bearing Regd. No.HYB- 4413, which left from Rewari Depot on 03.11.1988 for Pranpura at 1900 hours reached Pranpura 2000 hours. Sh. Lakhmi Chand (driver of the bus) found that tyre of the bus punctured and took the bus at Bawal Bus Stand and left the bus there under the custody of Krishan LalChowkidar. Krishan Lal Chowkidar woke up in the night at 1100 hours and found that Kashmira Singh was starting the bus. On the asking of the Chowkidar, Kashmira Singh replied that he (Kashmira Singh) would get the punctured tyre repaired and took the bus unauthorizedly, which was later on found in a burnt condition at Teekla Crossing and a case under Sections 379/436 of the Indian Penal Code was registered against the petitioner at Police Station Bawal. In consequence thereof, the petitioner was issued charge sheet dated 30.01.1989 (Annexure P-1). Petitioner sent reply to the chargesheet vide Annexure P-2 and denied the allegations. Thereafter enquiry officer was appointed and he submitted inquiry report vide memo dated 26.05.1989. Thereafter, show cause notice was issued to the petitioner by General Manager, Haryana Roadways, Rewari vide order dated 24.08.1990 (Annexure P-3). Petitioner replied to the show cause notice vide letter dated 26.10.1990 (Annexure P-4). In pursuance to show cause notice, petitioner was afforded personal hearing vide letter dated 25.10.1990 (Annexure P-5) and was duly informed that he could appear before the General Manager, Haryana Roadways on any working day before 31.10.1990.

(3.) After hearing the petitioner and going through the reply to the show cause notice, General Manager, Haryana Roadways, Rewari ordered for regular departmental enquiry against the petitioner and appointed Traffic Manager, Haryana Roadways, Rewari as Inquiry Officer vide order dated 09.11.1990 (Annexure P-6). The petitioner was given personal hearing by the General Manager vide order dated 09.05.1991 (Annexure P-7). The General Manager vide order dated 10.06.1991 (Annexure P-8) dismissed the petitioner from the service and also restricted his suspension period to the emoluments already paid, during suspension period. The appeal filed by the petitioner before the Additional State Transport Controller (C), Haryana, Chandigarh has also been dismissed vide order dated 06.07.1995 (Annexure P-11) on the ground that the work and conduct of Kashmira Singh-petitioner is not good and he is habitual of committing irregularities and embezzlement.