DALIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed to quash the departmental inquiry initiated against the petitioner vide charge-sheet (Annexure P-1) dated 23.5.1980 and for quashing the appointment of the Inquiry Officer.

(2.) During 1969-71, the petitioner remained posted as Sub Divisional Officer (Civil), Rajpura. He was also ex-officio Chairman of the Committee constituted by the Government for assessment of the price of plots in Lalru Mandi and for allotment of the same. The Committee made certain allotments when the petitioner was its Chairman. Some funds were also collected by the officials in connection with 5th centenary celebrations of the birthday of Guru Nanak Dev. After the petitioner's transfer from Rajpura, notice dated 15.10.1971 was served upon him and the petitioner was called upon to explain irregularities in the allotment of plots at Lalru Mandi. He submitted a detailed reply in the year 1971 itself and thereafter no action was taken by the Government.

(3.) After about nine years of his transfer from Rajpura, the petitioner was served with Memo (Annexure P-1) whereby the Government ordered initiation of inquiry against him under the Punjab Civil Service (Punishment and Appeal) Rules, 1970. The charges levelled against the petitioner are that he acted beyond his powers and committed irregularities in the allotment of plots. He has also been charged with the allegation that he was not keeping control over his subordinates and that resulted in the embezzlement of Rs. 1,725/- and Rs. 1,285/- by two employees, namely, Behari Lal and Om Parkash. The petitioner submitted his reply on 17.8.1980 but the Government did not take any steps for further inquiry for a period of another four years and it was only in the year 1984 that regular inquiry came to be entrusted to an Inquiry Officer.