K C KAPOOR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition filed under Articles 226 of the Constitution of India challenges the order dated 23.2.1987/13.3.1987 (Annexure P.4) passed by the respondent-State to the extent the petitioner has been refused arrears of the pay from his assumed date of promotion i.e. 14.1.1967 which promotion was actually given on 6.1.1969. Further prayer has also been made for quashing orders dated 25/29.5.1990 and dated 2.1.1992/23.3.1992 (Annexure P.16) vide which the findings of the inquiry officer have not been accepted and reasons for dis-agreement have been recorded. Challenge has also been made to the order dated 19.2.1991 (Annexure P.15) declaring that leave from 31.7.1989 to 25.5.1990 availed by the officer was unauthorised and for that reason punishment of censure has been awarded. The claim of the petitioner for Transfer Travelling allowance has also been declined. Memorials filed by the petitioner were rejected on 2.1.1992/23.3.1992 vide Annexure P.16 which have also been subject matter of challenge. The petitioner has also prayed for issuance of a writ of mandamus by issuing following directions to the respondents:

(2.) FACTS in brief are that the petitioner on attaining the age of superannuation retired on 31.11.1989 from the post of Superintending Engineer from the respondent-department. From 7.6.1985 to 19.8.1986 the petitioner remained posted as Superintending Engineer at Jind Circle, Jind and towards the end of his posting at Jind he applied for sick leave as was recommended by the Chief Medical Officer, Jind on 29.8.1986 upto 24.10.1986. However, his application was returned with the advice that it should be sent on a proper proforma. Thereafter on 13.11.1986 petitioner sent his application on proper proforma (Annexure P.2). In the meanwhile, Engineer-in-Chief, respondent No. 2 on 27.9.1986 requested the State Government for constitution of a Medical Board and a copy of the request sent by the respondent No. 2 to respondent No. 1 was forwarded to the petitioner vide endorsement dated 8.10.1986. Accordingly, Director, Health Services constituted a Medical Board for the medical check up of the petitioner vide letter dated 16.1.1987/27.1.1987 directing the petitioner to appear before the Medical Board/Principal Medical Officer, General Hospital, Chandigarh on 6.2.1987. The petitioner sent an intimation to the Engineer-in-Chief, respondent No. 2 with its copy to respondent No. 1 and Principal Medical Officer, General Hospital, Chandigarh and Director Health Services asserting that as his foot was fractured on 10.1.1987 and therefore, he cannot undertake any journey for appearing before the Medical Board. It has further been claimed that he was eventually operated upon Orthographically on 19.3.1987 at Sir Ganga Ram Hospital, Delhi. Suspecting the bona-fide of the petitioner, respondent-State initiated disciplinary proceedings against the petitioner alleging that the petitioner disobeyed the order of the Government dated 10.8.1986 and 18.9.1986 by not joining his duties at his place of posting. It was further alleged that he failed to furnish the requisite medical certificate for the total period of leave on medical ground sanctioned by the competent authority during the period of his transfer. Further allegation in the imputation of charges made against the petitioner is that he wilfully absented himself from his official duty since 20.8.1986 without prior permission of the competent authority in violation of Rule 8.16 of the Punjab Civil Services Volume 1, Part 1 Rules (as applicable to Haryana). Charge sheet dated 15.6.1987 (Annexure P5) was issued to the petitioner. The Inquiry Officer found that leave from 20.8.1986 to 24.10.1986 was duly recommended by the Medical Officer, Jind and is supported by the medical certificate issued by him which has been accepted by the Government also. From 25.10.1986 till 30,7.1987, the Inquiry Officer found that later period of medical absence is in continuation and in fact rendered even more unfortunate by a fracture. No medical Board was formed by the Department upto 27.1.1987 as was informed to the petitioner, When the Medical Board was constituted, the petitioner had unfortunately broken his foot. However, the Government being the appointing authority disagreed with the findings of the Inquiry Officer and recorded a dissenting note vide Annexure P.11 and inflicted the punishment of Censure on the petitioner and treated the period of leave from 24.10.1986 to 6.10.1987 as unauthorised leave without pay and allowances. The order dated 25.5.1990 passed by the Government reads as under:

(3.) IT is pertinent to mention that on 7.8.1987, the petitioner has submitted his joining report which was not accepted by the respondent on the ground that no fitness certificate was submitted as per requirement of Rule 8.44 of the Rules. However, he was eventually allowed to join on 24.9.1987. It is claimed that salary for this compulsory waiting period should be released to him. It is further pertinent to mention that pay scale of the employees in the State of Haryana were revised on the recommendations of the 4th Pay Commission w.e.f. 1.1.1986. The petitioner who was getting the scale of Rs. 2100-2500 was granted revised scale of Rs. 3700-5000 w.e.f. 1.1.1986. Further revision of pay was ordered on 1.5.1989 revising his pay scale to Rs. 4100-5300 w.e.f. 1.5.1989. The petitioner also claimed the Transfer Travelling Allowance. However, the same was rejected on 22.1.1991 vide Annexure P.15. Learned counsel appearing for the State at the outset has pointed out that following reliefs stand already granted to the petitioner: