ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court praying for quashing of the order dated 03.09.2012 (Annexure P -5) passed by the Director General, Consolidation of Holdings, Haryana, vide which the petitioner has been compulsorily retired and decision taken that suspension period from 28.04.2000 to 03.09.2012 will not be considered as a duty period. Further prayer has been made for quashing of the orders dated 22.02.2013/06.03.2013 (Annexure P -7), vide which the Statutory Appeal preferred by the petitioner stands dismissed by the Additional Chief Secretary and Financial Commissioner to Government of Haryana, Revenue and Disaster Management Department -respondent No. 1.

(2.) PETITIONER was appointed as a Patwari on 17.12.1985 and promoted as Kanungo in the year 1997. A criminal case i.e. FIR No. 369 dated 16.02.2000 was registered against the petitioner under Sections 463, 464, 465, 466, 467, 468, 477 -A, 120 -B IPC at Police Station NIT Faridabad. He was placed under suspension in April, 2000 because of the registration of the criminal case. In the criminal case, petitioner was acquitted by the Chief Judicial Magistrate, Faridabad vide judgment dated 12.06.2010 (Annexure P -7/A) by giving him benefit of doubt. A departmental enquiry was initiated against the petitioner where the notices were served on the petitioner to join the enquiry proceedings at his residential address and personally also. Notice dated 05.02.2002 was published in the newspaper calling upon the petitioner to participate in the enquiry but that also did not yield any result as the petitioner chose not to join the enquiry proceedings. The Enquiry Officer concluded that the petitioner was guilty of the charges levelled against him vide his enquiry report dated 04.06.2002 (Annexure P -3).

(3.) A show cause notice was issued to the petitioner and the enquiry report was also supplied to him. Petitioner responded to the same which resulted in passing of the order dated 03.09.2012 (Annexure P -5) passed by the Director General, Consolidation of Holdings, Haryana, vide which the penalty of compulsory retirement from service was imposed upon him and it was decided that the suspension period from 28.04.2000 onwards till the date of passing of the order dated 03.09.2012 will not be counted towards duty period and no other pay or allowances other than what has already been paid to him as subsistence allowance during the period of suspension will be admissible to the petitioner.