MOHAN LAL GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by the petitioner seeking quashing of chargesheet dated 25.2.2005 (Annexure P -2), inquiry report dated 12.6.2008 (Annexure P -30), order dated 4.9.2008 (issued on 22.9.2008) (Annexure P -32) and order dated 11.5.2009 (Annexure P -34).

(2.) LEARNED counsel for the petitioner has submitted that no financial loss had been caused to the Municipal Council, Rajpura. Further the Appellate Authority, while passing the impugned order dated 11.5.2009, had enhanced the penalty without issuing any notice to the petitioner in this regard.

(3.) PETITIONER joined the Municipal Election Office on 3.7.1973 and was promoted as Senior Assistant on 19.9.1998. Petitioner retired from service on 31.5.2007 (Annexure P -1). On 21.2.2005, chargesheet was served on the petitioner levelling allegations that he had violated the orders of the senior officers intentionally and had effected the interest of the Municipal Council with malafide intention. It was further alleged that the petitioner was negligent and careless in performance of his duties. Petitioner submitted his reply on 14.3.2005 to the said chargesheet. On 6.4.2005, inquiry officer was appointed to look into the charges levelled against the petitioner. The inquiry officer submitted the report that the charges against the petitioner stood proved. Petitioner was supplied with the copy of the inquiry report and he submitted his reply to the same. Thereafter, vide order dated 4.9.2008, it was ordered that Rs. 20,000/ - be deducted from the gratuity of the petitioner and it was also ordered that the suspension period from 7.1.2005 to 19.9.2008 be treated as leave of the kind due. Appeal filed by the petitioner against the said order was dismissed and the penalty of Rs. 20,000/ - was enhanced to Rs. 40,000/ -.