DALBIR SINGH SAINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who was serving on the post of District Education Officer (Schools), since re-designated as District Education Officer (Secondary Education) under the Schools Education Department, State of Punjab, retired on 31.12.2007 upon attaining the age of superannuation. On 2.2.2009, he was issued a charge sheet under Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 on the allegation that in the year 2007, he had violated the transfer policy while issuing the transfer orders of various Masters/Mistresses. The petitioner submitted a reply to the charge sheet and thereafter, an Enquiry Officer was appointed on 13.5.2010. An enquiry report was furnished on 8.9.2010 returning findings against the petitioner. A copy of the enquiry report dated 8.9.2010 was furnished to the petitioner calling upon him to submit his comments/objections thereto. The petitioner submitted detailed objections dated 29.9.2010, Annexure P8, and thereafter, after grant of opportunity of personal hearing, the order dated 16.8.2012, Annexure P11, has been passed by the Secretary, Punjab Government, Education Department (Schools) imposing a penalty of cut of 10% in pension upon the petitioner for a period of one year.

(2.) It is towards raising a challenge to such order dated 16.8.2012, Annexure P11, that the instant writ petition has been filed.

(3.) Learned counsel for the parties have been heard at length.