SADHU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has challenged the order of his dismissal dated 30.5.1990 passed by Secretary to Government Punjab, Department of Irrigation and Power Annexure P-1 as also the order passed by the Under Secretary, Irrigation & Power dated 22.10.1991, Annexure P-2 rejecting his review petition against the order of dismissal, mainly on the ground of violation of principles of natural justice on account of non-supply of certain documents to the petitioner during the course of the enquiry proceedings and the enquiry report.

(2.) The brief facts of the present case are that the petitioner was working as Registrar. Punjab Irrigation Department. A civil suit bearing No. 26 of 1986, titled as Sikandar Singh and others v. State of Punjab was filed before the Sub Judge Ist Class, Chandigarh praying for a decree of declaration to the effect that the plaintiff was entitled to arrears to salary consequent upon refixation of his seniority in terms of a judgment of the Punjab & Haryana High Court in Civil Writ Petition No. 4356 of 1986. No reply was filed on behalf of the department in the said suit and the suit was decreed. The Chief Engineer, Irrigation Works, Punjab, Chandigarh vide Memo dated 5.1.1988 served charge-sheet upon the petitioner under Rule 8 of the Punjab Civil Services (Punishment & Appeal) Rules, 1970, wherein the following charges were framed against the petitioner.

(3.) On the basis of the aforesaid charges, an enquiry was conducted against the petitioner. The Enquiry Officer found charge Nos. (i), (ii), (iv) and (v) to be substantiated, whereas, charge Nos. (iii) and (vi) were found to be not proved. However, the Disciplinary Authority did not agree with the finding recorded by the Enquiry Officer on charge Nos. (ii) and (vi) on the ground that petitioner's failure to perform his duties amounts to betrayal of trust of the Government and conspiracy against the interests of the State, thus, held the petitioner to be guilty of said charges also and imposed the penalty of dismissal vide order dated 30.5.1990 (Annexure P-1). The review petition filed against the said order was also rejected vide order dated 22.10.1991.