SHYAM SUNDER PASRIJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has impugned three orders viz order dated 14.11.1981 placing him under suspension charge memo dated 13.9.1982 and the order of termination dated 4.10.1985 respectively in this petition under Articles 2267227 of the Constitution.

(2.) A reference to relevant facts is necessary to appreciate the questions arising for determination in this writ petition.

(3.) The petitioner was appointed as a Lecturer in Commerce in Shri Lal Nath Hindu College, Rohtak on 3.9.1973 and was confirmed 3.9.1975. He was chargesheeted on 18.1.1982 and a regular enquiry was conducted. The Enquiry Officer found that all the allegations of charge were proved against the petitioner. Respondent No. 3 imposed the punishment of dismissal from service and the matter was referred to the Director, Higher Education Haryana in accordance with Section 7(4) of the Haryana Affiliated Colleges (Security of Service) Act, 1979 (for brevity the Act) for approval. The Director took the view that the petitioner was not given an opportunity for his defence and he ordered for holding a fresh inquiry. Thereafter fresh enquiry was held and the Enquiry Officer again proposed punishment of dismissal from service to which proposal the management of Shri Lal Nath Hindu College (for short the college) agreed. The Hindu Education Society (for short the society) again proposed the punishment of dismissal from service against the petitioner and referred the matter to the Director, Higher Education, Haryana. The Director vide his order dated 18.5.1993 turned down the recommendation for the second time on the ground that the Enquiry Officer's report suffered from procedural infirmity. The management of the college and the society assailed the order of the Director dated 18.5.1993 in Revision before the State Government under Section 11 of the Act. The Revision Petition was dismissed by the Secretary to Government Haryana, Education Department vide his order dated 26.10.1993. The order of the State Government affirming the order of the Director Higher Education was challenged by the management of the College in C.W.P. No. 387 of 1984 on various grounds. The Writ Petition was disposed of by a learned single Judge of this Court observing thus:-