R K GOEL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition involves a challenge to the disciplinary action taken against the petitioner by the Government of Haryana, which culminated in imposition of penalty of stoppage of two annual grade increments with cumulative effect and other service disabilities upon him. The petitioner has challenged the charge sheet, Annexure P3, show cause notice Annexure P6, order of punishment Annexure P10 and the order of revisional authority Annexure P12 and has prayed that these orders be quashed and consequential benefits be given to him.

(2.) While he was working as Sub Divisional Engineer, Public Works Department, Public Health Branch, the petitioner was served with a memo dated 26.5.1986 for holding an enquiry against him under Rule 7 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952. This was followed by an order dated 1.7.1986 whereby the petitioner was suspended during the pendency of the enquiry. The Government appointed Shri M.S. Miglani, Superintending Engineer as enquiry officer. Shri Miglani submitted his report dated 18.1.1989. This was followed by a show cause notice dated 27.9.1989 (Annexure P6) whereby the Government proposed imposition of penalty of stoppage of two annual grade increments with cumulative effect and for treating the suspension period as not spent on duty and also for withholding of payment of salary of the suspension period except the subsistence allowance which had already been paid. The petitioner submitted a detailed reply dated 6/8.1.1990 and finally the Government passed order Annexure P10 dated 30.9.1991 and imposed the penalties proposed earlier. The petitioner appealed against the order of punishment vide Annexure P11 dated 28.12.1991 but the same has been dismissed by a cryptic order dated 11.3.1992 (Annexure P12).

(3.) Even before the imposition of the punishment, the petitioner instituted C.W.P. No. 5581 for issue of a mandamus to the respondents to pay him subsistence allowance including the enhanced subsistence allowance. This petition was allowed by the High Court on 28.1.1989 with a finding that the withholding of the subsistence allowance was wholly unjustified. The Court passed the following order :