RAM KUMAR Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner while working as Assistant Foreman in the Haryana State Electricity Board (hereinafter referred to as 'the Board') was suspended vide order dated 12.7.1988. Thereafter a chargesheet was issued to the petitioner on 29.9.1989 proposing to take a legal action against him under Rule 7 of Punjab Civil Services (Punishment and Appeal) Rules, 1962. The petitioner replied to the said chargesheet denying all the allegations. On receipt of reply from the petitioner, no inquiry was conducted against him under Rule 7 of the Rules and the petitioner was awarded punishment of Censure vide order dated 10.4.1991, against which he preferred an appeal before respondent No.3, which was rejected vide order dated 24.1.1992. Thereafter vide order dated 19.8.1991, respondent No.2 ordered that the period of suspension w.e.f. 12.7.1988 to 17.3.1989 be regularized as leave of the kind due. Now the present petition has been filed challenging order of suspension, chargesheet and punishment of censure by raising various arguments.

(2.) LEARNED counsel for the petitioner contends that chargesheet was issued under Rule 7 of the Rules but no regular inquiry was conducted. Learned counsel further contends that only after considering the reply of the chargesheet submtited by the petitioner, the suspension order was revoked on 17.3.1989 but still punishment of censure has been awarded, which is contrary to the provisions of law. Learned counsel also submits that the procedure as laid down under Rule 7 was not followed as even the minor punishment cannot be awarded without following the procedure under Rule 8 of the Rules. It is also the argument of learned counsel for the petitioner that as per Rule 4 (1) of the Rules, the penalty of censure is a minor penalty but no reason whatsoever has been recorded while imposing penalty of censure. Learned counsel has also relied upon the Full Bench judgment of this Court in Dr. K.G. Tiwari Vs. State of Haryana, 2002 4 SLR 329, in support of his contentions.

(3.) LEARNED counsel for the respondents submits that no inquiry was required to be conducted for imposing minor penalty and only after considering the reply of the chargesheet, the punishment of censure was awarded and period of suspension was considered as leave of the kind due.