ROHTASH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner (Rohtash Singh) has filed the instant Writ Petition under Article 226 of the Constitution of India, seeking issuance of a writ in the nature of certiorari for quashing the impugned Award, dtd. 12/10/2012 (Annexure P7) passed by the learned Presiding Officer, Industrial Tribunalcum-Labour Court, Hisar (here-in-after referred to as 'the Tribunal'); whereby, the reference of Industrial Dispute regarding termination of services of the Petitioner has been answered against him. A further prayer has been made for directing the Respondents to reinstate the Petitioner with continuity of service and other consequential benefits.

(2.) Briefly, the Petitioner is stated to have been working as a Clerk in Charkhi Dadri Depot of Haryana Roadways since 1973. It appears that a Complaint was lodged before the authorities, alleging local purchases of spare parts, amounting to Rs.60.00 lacs approximately in that Depot during the period from December 1999 to June 2000, without any demand or justification and causing loss of Rs.27.00 lacs to the Depot. In fact, the same very spare parts which were purchased locally, had been purchased by the department from reputed companies as per procedure and were lying at transports and were not got released to facilitate local purchases.

(3.) In order to look into the said Complaint, it appears that a Committee, consisting of S/Sh. Vasudev Sharma, Stock Purchase Officer, Haryana Roadways, Rewari Depot and Kuldeep Singh, Stock Verifier at Head Office, was constituted to conduct on the spot inspection and to submit its report. The afore-said Committee conducted the inspection and detected serious irregularities like purchase of material from un-authorized/local sources and purchase of sub-standard material, displaying the grave negligence, dereliction of duties and mis-appropriation of funds causing a heavy loss to the Depot and a detailed inspection report (Annexure P1) was submitted by the Committee on 9/8/2000 in the Office of Transport Commissioner, Haryana.