MANGAL SINGH Vs. PUNJAB AND HARYANA HIGH COURT

JUDGEMENT

(1.) The petitioner, who was serving as Orderly in the court of Civil Judge (Jr. Divn.)-cum-JMIC, Hisar was placed under suspension on 12.7.2008 and a charge sheet under Rule 7 of the Haryana Civil Services (Punishment & Appeal) Rules, 1987 (herein after to be referred as 1987 Rules) was served upon him vide memo dated 19.7.2008. The petitioner submitted a reply dated 5.8.2008. On 7.8.2008 the District & Sessions Judge, Hisar took a decision that as the petitioner has admitted the charges levelled against him, therefore, there is no need to conduct a regular departmental inquiry. An opinion was formed that a penalty of dismissal from service be imposed and accordingly, a second show cause notice as regards the contemplated penalty of dismissal was directed to be issued upon the petitioner. The second show cause notice dated 8.8.2008 was served upon the petitioner. The petitioner responded to the same by filing a reply dated 23.8.2008. Vide order dated 5.11.2008 passed by the District & Sessions Judge, Hisar the petitioner was dismissed from service. The petitioner preferred a service appeal dated 15.12.2008 and the same has also been dismissed by this Court on the administrative side in the light of order dated 12.3.2010.

(2.) The instant writ petition has been filed impugning the order of dismissal dated 5.11.2008 at Annexure P-5 as also the order dated 12.3.2010 (Annexure P-6), whereby his service appeal has been rejected.

(3.) Learned counsel for the parties have been heard at length and pleadings on record have been perused. It would be pertinent to take notice that learned counsel for the petitioner has submitted at the very outset that in the eventuality of this Court upholding the challenge to the impugned orders, the petitioner would not press as regards the relief towards arrears of salary for the period in question i.e. from the date of dismissal till his reinstatement, if, so ordered.