STATE OF HARYANA Vs. ROSHAN LAL

JUDGEMENT

(1.) The appellant is aggrieved against the judgment and decree passed by the first appellate court in a suit for declaration challenging the order dated 9.11.1978 passed by the Director, Health Services, Haryana, whereby the services of the plaintiff were dismissed.

(2.) The respondent-plaintiff joined Health Department as Vaccinator in July, 1970. On 17.9.1973 when posted as Vaccinator in P.H.C., Assandh, he was placed under suspension. He was served with charge-sheet dated 18.6.1974. He denied the allegations levelled against him. However, an inquiry was conducted and after considering the inquiry report services of the plaintiff were dismissed. The plaintiff has challenged the order of dismissal inter-alia on the grounds that the inquiry in the case was initiated by an authority who was not competent to take action against him and that the punishing authority has passed an order of dismissal in violation of the rules of natural justice and after taking into consideration extraneous matters. Learned trial Court dismissed the suit holding that the order of dismissal is proper on the basis of first part of the finding recorded by the Inquiry Officer wherein the plaintiff has been found guilty of accepting Rs. 60/- as illegal gratification from Baru Ram on the pretext for getting issued the Medico Legal Report. However, the first appeal was allowed relying upon the judgment of this Court reported as Chuni Lal v. State of Haryana etc., 1978 CurLJ 35, on the ground that second part of the charge was not found proved by the Inquiry Officer and the fact that no reasons of disagreement were communicated to the plaintiff, therefore, the order of punishment of dismissal of service is passed against the statutory rules.

(3.) After hearing the learned counsel for the parties and going through the records of the case, I find that the following substantial questions of law arise for the consideration of this Court :