JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jarnail Singh, petitioner was working as a clerk in the Government Industrial Development Centres (Engg), Patiala. On January 30, 1997, he was served with a memorandum Annexure P-1 to the writ petition, which was accompanied by Articles of Charges. The petitioner was called upon to file a reply to the said charge-sheet within 21 days from the date of receipt of the memorandum. The petitioner filed reply on February 26, 1997 denying Articles of Charges and requesting that the charge-sheet be withdrawn against him. The petitioner also prayed that order of suspension be recalled and he be put into service. Departmental enquiry was ordered to be proceeded against the petitioner in accordance with law. During the course of proceedings on February 26, 1997, the petitioner was even asked for inspection of certain documents.

(2.) The appointed Enquiry Officer submitted his report on October 8, 1997 Annexure P-3 to the writ petition, holding the petitioner not guilty of any Articles of Charges. Still, the respondent-authorities issued a notice to the petitioner to show cause dated December 2, 1997 Annexure P-4 to the writ petition as to why punishment of stoppage of one increment with cumulative effect be not imposed upon the petitioner.

(3.) Reply to said show cause notice was submitted by the petitioner on December 15, 1997. The Disciplinary Authority without considering the reply to the show cause notice but taking notice of the representation preferred by the petitioner in relation to adverse remarks recorded for the year 1996-1997, inflicted punishment of stoppage of one increment which cumulative effect to the petitioner and the period of suspension was treated 'as leave of the kind due' vide order dated January 21, 1998. Against the said punishment, the petitioner preferred an appeal dated May 8, 1998 and also prayed for personal hearing. The Appellate Authority, according to the petitioner, without any application of mind and without affording an opportunity to the petitioner of hearing, which he had personally prayed for in the grounds of appeal, dismissed the appeal by a non-speaking order dated February 29, 2002, Annexure P-8 to the writ petition. Aggrieved therefrom, the petitioner filed the present writ petition.