GURDEV SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution by Shri Gurdev Singh, Patwari, prays for quashing order dated 15.6.1999 (P-1) dismissing the petitioner from service in pursuance to a departmental inquiry in which the petitioner has been found guilty of absence from duty. The order dated 9.8.2000 (P-2) passed by the Appellate Authority is also subject-matter of challenge as are the orders dated 6.11.2003, passed by the Revisional Authority (P-3), as also the order dated 24.9.2004, passed on the Review Application (P-4).

(2.) Brief facts may first be noticed. The petitioner joined the service of the respondent department in February, 1975. His work and conduct has been found to be Good or Very Good. However, from 10.9.1997 to 21.12.1997, the petitioner was found absent from duty when he was working as Patwari Halqa Kheri Saraf Ali, Tehsil Assandh, District Karnal. Accordingly, he was charge-sheeted on 24.2.1998 under Rule 7 of the Haryana Civil Service (Punishment and Appeal) Rules, 1987 (for brevity, 'the Rules'). The following four charges were framed against him :-

(3.) The petitioner did not file any reply to the charge-sheet and thereafter the Sub Divisional Officer was appointed as Enquiry Officer to enquire about the veracity of the aforementioned charges. The Enquiry Officer submitted his report on 13.2.1999 and reached the conclusion that the petitioner was guilty of charges as he remained wilfully absent from duty from 10.9.1997 to 21.12.1997. The Collector, Karnal, respondent No. 3, who is the punishing authority of the petitioner, issued a second show-cause notice to the petitioner on 19.3.1999 which was duly replied by the petitioner on 2.6.1999. After considering the reply to the show-cause notice, the punishing authority granted an opportunity of personal hearing to the petitioner. The punishing authority recorded an additional finding that the petitioner had admitted in the reply his absence from duty from 10.9.1997 to 21.12.1997 and 1.1.1998 to 24.9.1998 due to illness and that he was unable to do the Government duty efficiently. After noticing the aforementioned facts, the punishing authority passed an order dated 15.6.1999 (P-1), dismissing the petitioner from service. The operative paras of the order are reproduced hereunder for facility of reference :-