SANTOSHI LAL Vs. PUNJAB AND HARYANA HIGH COURT

JUDGEMENT

(1.) Appellant, who was appointed as a Peon on 10.01.2002 and had worked in various branches of the High Court, on 14.04.2006, was asked by the Private Secretary to the Hon'ble Judge to perform the duties at the residence of the Hon'ble Judge but he left the residence of the Hon'ble Judge at 06.00 P.M. without informing anybody at the house and on the next day, i.e., 15.4.2006, also, remained absent without getting any prior permission from the Hon'ble Judge, and thereby violated the instructions dated 22.09.2005 issued by this Court. On 17.04.2006, he flatly refused to obey the orders of the Hon'ble Judge and on that basis, it was observed that he was disobedient and a work shirker. Appellant was called upon to explain his aforesaid conduct vide memorandum dated 29.04.2006 (Annexure P-1/A) which was replied to by him vide reply dated 07.09.2006 (Annexure P-3). In response to another memorandum dated 05.05.2007 (Annexure P-4) seeking the same explanation, appellant submitted reply dated 14.05.2007 (Annexure P-5) stating that he was not feeling well and had left the residence of Hon'ble Judge on 14.04.2006 at 06.00 P.M. by informing the Private Secretary attached to the Hon'ble Judge and on the following day also he could not perform his duty owing to his illness. The explanation of the appellant was not accepted and accordingly a charge sheet dated 24.12.2007 (Annexure P-6) was served upon him. Appellant filed reply to the charge sheet, wherein he stated that the High Court was closed on account of vacations from 7.4.2006 to 14.4.2006 and further that he being unwell, had gone home. The reply submitted by the appellant was found to be unsatisfactory and, accordingly, a regular enquiry was conducted in the matter wherein the appellant was given due opportunity to defend himself. Inquiry Officer, vide report dated 08.04.2010 (Annexure P-8) returned findings against the appellant. A show cause notice dated 23.08.2010 (Annexure P-10), alongwith copy of the enquiry report, was then served upon the appellant to which he submitted reply dated 16.09.2010 (Annexure P-11) which was found to be unacceptable. Ultimately, vide order dated 13.01.2011 (Annexure P-12) punishment of removal from service with immediate effect, was awarded to the appellant. Service appeal preferred by the appellant was dismissed vide order dated 28.03.2012 (Annexure P-13). Even his mercy appeal dated 26.09.2012 (Annexure P-14) came to be dismissed and conveyed to him vide memorandum dated 04.03.2013 (Annexure P-15). Appellant then brought Civil Writ Petition No. 10381 of 2013 challenging the memorandum dated 05.05.2007 (Annexure P-4), charge sheet dated 24.12.2007 (Annexure P-6), enquiry report dated 08.04.2010 (Annexure P-8), show cause notice dated 23.08.2010 (Annexure P-10), order dated 13.01.2011 (Annexure P-12) ordering his removal from service with immediate effect, order dated 26.09.2012 (Annexure P-14) dismissing service appeal and memorandum dated 04.03.2013 (Annexure P-15) dismissing the mercy appeal preferred by him.

(2.) After hearing learned counsel for the appellant, learned Single Judge, vide order dated 16.05.2013, dismissed the Civil Writ Petition brought by the appellant.

(3.) To assail order dated 16.05.2013 passed by the learned Single Judge, appellant has invoked Clause X of the Letters Patent by way of the instant intra court appeal.