SUBHASH CHANDER Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) This is an application for preponing the date of hearing. Misc. Application is allowed. The date of hearing is pre-poned from August 30, 2013 to today i.e. July 26, 2013. The matter is taken up for hearing by preponing the date.

(2.) The petitioner has filed this writ petition under Article 226/ 227 of the Constitution of India for a writ in the nature of Certiorari for quashing of the order dated August 20, 2011 (P-6) issued by respondent No.4 i.e. the Managing Committee of Bhagwan Parshuram College. The second relief sought for by the petitioner is that the charge-sheet dated August 26, 2011 (P-13) issued by the Managing Committee should be quashed. The third relief sought for by the petitioner is that the order dated August 21, 2012 (annexure P-23/T) passed by respondent No.3, the Appellate Authority, extending his suspension till inquiry is completed, be quashed. The order dated May 28, 2013 (Annexure P-30) passed by respondent No.3 holding that the documents sought by the petitioner under RTI are irrelevant and not relevant with the inquiry is also sought to be quashed.

(3.) Learned counsel for the petitioner has urged that the charges as disclosed in the statement of charges (Annexure P-13) regarding absence of petitioner on different dates and other misconduct of boycotting the ceremony of Independence Day etc. are false and vague. He has also argued that the charge-sheet has been issued under Section 7 of the Haryana Affiliated Colleges (Security of Service) Act, 1979 and the statement of allegations has been issued under Rule 17 of the Rules of Service and Conduct for Employees in Non-Government Recognized and Affiliated Colleges as prescribed by Kurukshetra University, Kurukshetra. Extension of suspension period has been challenged on the ground that it could not have been extended beyond the period of six months as per Rule 17(iv) of the Recognized Colleges Service Rules mentioned in Ordinance VII of the University Calendar.