SHASHI KANTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petitioner was employed as a Clerk in the Government High School, Baldev Nagar Camp, Ambala City, in 1968 and 1969, it was discovered that she had embezzled a sum of Rs. 4,237.80. The entire embezzled amount except Rs. 274.40 was recovered from her within a few days of the detection. A departmental enquiry was held against her after serving her with a charge-sheet. The Inquiry Officer made a report that her guilt had been proved. On the basis of that enquiry report, she was dismissed from service by the Director, Public Instruction, Haryana, by order dated November 5, 1971. Against that order, an appeal was filed which was dismissed by the Secretary to Government, Haryana, Transport, Health and Education Departments, by order dated September 14, 1972. The present petition has been filed for the quashing of both the orders.

(2.) Written statements have been filed by respondents 2 and 4 to which a reply has been filed by the petitioner.

(3.) Before the appellate authority, it was contended by the learned counsel for the petitioner that the Inquiry had not been held by the Inquiry Officer in accordance with the Statutory rules and the principles of natural justice. The following objections against the enquiry were stated before the appellate authority :-