MEHAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was inducted into the service of the Haryana Roadways as a conductor in the year 1979. In 1992, while discharging his duties on a bus plying from Delhi to Amritsar, he was found to have punched tickets in advance of three passengers valuing Rs.6/- each.

(2.) On account of the aforesaid act of the petitioner, a regular departmental enquiry was conducted against him. On the culmination thereof, his services were terminated vide an order dated 22.12.1992. Dissatisfied with the order of his termination, the petitioner preferred an appeal. The appellate order is interesting. The operative part thereof is accordingly being extracted hereunder:-

(3.) The petitioner was not satisfied with the appellate order despite the fact that he was ordered to be reinstated, the grievance of the petitioner being that he was paid only subsistence allowance during the period he was out of employment. It is, therefore, that the petitioner filed a revision petition under Rule 13.14 of the Haryana Civil Service (Punishment and Appeal) Rules, 1987. Having examined the claim of the petitioner for full pay and allowances during the period he remained out of employment, the Financial Commissioner and Principal Secretary to Government, Haryana, Transport Department, by an order dated 18.11.2004 arrived at the conclusion that the petitioner was not entitled to anything beyond the subsistence allowance . It is this aspect of the matter, which is subject matter of challenge through the instant writ petition.