RAMESH CHAND Vs. PUNJAB AND HARYANA HIGH COURT

JUDGEMENT

(1.) The petitioner, who was serving as Examiner in the Court of Additional Civil Judge (Senior Division), Charkhi Dadri, has filed the instant writ petition impugning the order dated 24.12.2012 passed by the District & Sessions Judge, Bhiwani, Annexure P5 vide which he has been dismissed from service. Further challenge is to the order dated 4.5.2013, Annexure P7, whereby the service appeal, preferred by him against the order of dismissal, has been rejected on the administrative side by this Court.

(2.) Brief facts that would require notice are that the petitioner was served with a charge sheet dated 30.7.2010 under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 read with Rule 12(2) of the Haryana Subordinate Courts Establishment (Recruitment and General Conditions of Service) Rules, 1997 on the following precise articles of charge:

(3.) The reply submitted by the petitioner to the charge sheet having been found unsatisfactory, regular enquiry was initiated and an Enquiry Officer was appointed. The enquiry report dated 26.9.2012 was furnished holding all the charges to be proved against the petitioner except charge No.6 to the extent of the allegation that he had been indulging in the business of property dealing. Thereafter, a second show cause notice dated 3.10.2012 was served upon the petitioner along with the copy of the enquiry report wherein imposition of major penalty was contemplated. The petitioner submitted a reply dated 20.10.2012 to the second show cause notice. However, upon consideration of the same, respondent No.2 i.e. the Punishing Authority passed the impugned order dated 24.12.2012, Annexure P5, imposing the extreme penalty of dismissal. The petitioner preferred a service appeal and the same has been dismissed vide order dated 4.5.2013, Annexure P7.