HOUSING BOARD HARYANA Vs. GIAN CHAND AND OTHERS

JUDGEMENT

(1.) Respondent Gian Chand, while working as Estate Manager with the appellant-Board, was departmentally proceeded against on the allegation of having caused financial loss to the appellant-Board to the tune of Rs.09,85,000/-. The punishing authority, vide order dated 04.01.2007 (Annexure P4), inflicted upon him penalty of reduction of rank to the post of Clerk besides ordering recovery of Rs.04,00,000/- from him. In the appeal preferred by respondent Gian Chand, the appellate authority, vide order dated 14.03.2008 (Annexure P9) set aside the order of the Punishing Authority and directed that respondent-Gian Chand shall continue to be an Estate Manager, alongwith all consequential benefits as admissible under the relevant rules.

(2.) Consequent upon passing of order dated 04.01.2007 (Annexure P4) respondent-Gian Chand was relieved to join his duties on the post of Clerk. He, however, elected not to join his duties as a Clerk and, instead, absented from duty for the period from 08.01.2007 to 17.03.2008. A charge sheet dated 11.12.2007 was served upon him in this regard. In the inquiry, allegations against respondent-Gian Chand, though were proved, but the Punishing Authority, vide order dated 09.09.2009 (Annexure P3), observed that he deserved a major punishment but taking a lenient view ordered the period of absence from duty to be treated as leave of the kind due. Order dated 09.09.2009 (Annexure P3) having been challenged, the Appellate Authority, vide order dated 29.07.2010 (Annexure P2) held that the period of absence from duty would be treated as leave of kind due and respondent-Gian Chand was not entitled to 'be paid anything except whatever has already been paid to him for the period from 8.1.2007 to 17.3.2008". However, on an application made by respondent-Gian Chand, the Appellate Authority, vide its order dated 14.2.2011 (Annexure P1) reviewed its order dated 29.07.2010 and directed that respondent-Gian Chand "will be treated on duty for the period from 8.1.2007 to 17.3.2008".

(3.) Civil Writ Petition No. 14846 of 2012 brought by the appellantBoard to lay a challenge to order dated 14.02.2011 (Annexure P1) has been dismissed vide order dated 27.03.2014, by the learned Single Judge, by observing as under: