DEEPAK KUMAR SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Deepak Kumar Sharma has filed the instant writ petition impugning the order of dismissal from service of his father, namely, Sat Narain, dated 30.9.2010, Annexure P10.

(2.) Brief facts that would require notice are that the father of the petitioner, namely, Sat Narain was working as Ahlmad in the Court of Civil Judge, Senior Division, Sri Muktsar Sahib. A charge sheet dated 24.12.2004 was issued to Sat Narain by the District & Sessions Judge, Faridkot raising a precise article of charge that he had been absent from duty w.e.f. 3.4.2004 without intimation. The statement of imputation of mis-conduct against father of the petitioner as contained in the charge-sheet read in the following terms:

(3.) Thereafter, vide order dated 30.7.2005, an Enquiry Officer was appointed. Findings of the Enquiry Officer having been furnished against the father of the petitioner, a show cause notice dated 30.6.2010 was issued contemplating the imposition of one of the major penalties as envisaged under Rule 12, clause 2 of the Punjab Subordinate Courts Establishment (Recruitment and General Conditions of Service) Rules, 1997 read with Rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970. The departmental proceedings have finally culminated in the issuance of the impugned order dated 30.9.2012 at Annexure P10 whereby delinquent Sat Narain, father of the petitioner, has been dismissed from service and such dismissal has been held to be a dis-qualification for his employment in Government service in future. Still further, Sat Narain has been held to be not entitled to any other amount except that already paid to him during his duty period upto the date of passing of the order of dismissal.