JAGJIWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner who was serving as a Patwari under the Department of Revenue, State of Punjab has filed the instant writ petition impugning the order dated 04.05.2009 (Annexure P -17) passed by the Financial Commissioner and Secretary, Department of Revenue, Punjab (respondent No.1) whereby he has been dismissed from service.

(2.) FACTS emanating from the pleadings on record are that the petitioner while serving as Patwari in the Revenue Department was posted in Village Bagrian on 27.08.2001 and remain posted as Halqa Patwari upto 07.07.2002. On 08.07.2002, Baljeet Singh, respondent No.5 took over as Patwari, Halqa Bagrian. On the very next day i.e. on 09.07.2002, respondent No.5 made a complaint against the petitioner to the Tehsildar alleging that the petitioner had committed certain irregularities by making wrong entries in the Jamabandis for the years 1996 -97. A preliminary inquiry was marked to the Field Kanungo, Amargarh who furnished a report on 27.08.2002 stating that Jamabandis for the years 1996 -97 were prepared by Baljeet Singh, Patwari and after that Jarnail Singh Patwari, Baljeet Singh Patwari and Jagjiwan Singh Patwari (present petitioner) had been posted in the circle and thereafter again Baljeet Singh had been posted as Patwari. The Field Kanungo, accordingly, opined that as regards cuttings in the Jamabandis, the inquiry requires to be conducted against all the Patwaris and not against Jagjiwan Singh (present petitioner) alone. However, vide memo dated 15.01.2003, the petitioner was charge sheeted under Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (hereinafter to be referred as "the 1970 Rules"). Essentially, the charge levelled against the petitioner was with regard to making wrong entries in the Jamabandis and as per charge memo, the following charge had been formulated:

(3.) IN the charge memo itself, the name of Baljeet Singh, Halqa Patwari, Bagrian found a mention in the capacity of complainant. In furtherance of the charge sheet, an inquiry was conducted and the Inquiry Officer i.e. the Sub Divisional Magistrate, Sangrur submitted an inquiry report on 10.11.2003 (Annexure P -6) holding the petitioner to be guilty of the charge levelled against him. Acting upon the inquiry report, the District Collector, Sangrur, respondent No.3 issued a show cause notice dated 22.11.2003 contemplating the imposition of a major penalty of removal from service. The petitioner furnished a reply to the show cause notice. However, the Collector, District Sangrur vide order dated 21.01.2004 (Annexure P -9) imposed the penalty of removal from service upon the petitioner.