DR. SOHAN LAL ARORA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Dr. Sohan Lal Arora seeks issuance of writ of certiorari, quashing the dismissal order dated 7/8.10.2007 (Annexure-P-20), vide which his earlier dismissal order dated 13.9.2004, has been confirmed, allegedly in compliance with the order dated 11.7.2006, passed by this Court in CWP No. 19265 of 2004, titled as Dr. Sohan Lal Arora Vs. State of Punjab and others (Annexure-P-14). The petitioner also seeks a writ of mandamus, directing the respondents to release the pension and other retiral benefits along with interest at the rate of 18% per annum.

(2.) The relevant facts for the purpose of disposal of the present writ petition are that the petitioner joined the Government service as a Medical Officer on temporary basis with effect from 18.12.1981. He was appointed on the recommendations of the Punjab Public Service Commission on regular basis with effect from 11.7.1983. On 22.11.2000, the petitioner was served with a charge sheet (Annexure-P-2), levelling three charges. The charge No. 1 was regarding claiming excess arrears. The charge No. 2 relates to non deduction of income tax on the arrears and the charge No. 3 relates to claiming increments for doing house job/P.G. diploma. As a result of the inquiry, the charge No. 3 was held to be proved. The department, without getting the approval of the Punjab Public Service Commission, passed the dismissal order on 9.7.2004/13.9.2004 (Annexure- P-13). The petitioner preferred the Civil Writ Petition No. 19265 of 2004 before this Court. The Division Bench of this Court set aside the dismissal order dated 9.7.2004/13.9.2004, permitting the department to follow the due procedure and to pass fresh orders in accordance with law. The dismissal order was set aside on the ground of non supply of copy of report of the Punjab Public Service Commission. In the meanwhile, the petitioner moved to the department for release of his dues. After conveying the approval of the Punjab Public Service Commission, the petitioner was called for personal hearing. The petitioner submitted a detailed representation on 20.1.2007, highlighting that his salary has not been paid since Feb., 2003, nor any subsistence allowance has been paid thereafter. The petitioner retired from service on attaining the age of superannuation on 31.5.2007. Not a single penny was paid to the petitioner including the GPF.

(3.) In Aug., 2007, the petitioner moved a contempt petition i.e. COCP No. 824 of 2007 on account of failure of respondents to comply with the order dated 11.7.2006, passed by this Court in CWP No. 19265 of 2004. The notice was issued to the Principal Secretary in person. However, on the next date of hearing i.e. 8.10.2007, respondents passed the impugned order of dismissal dated 7/8.10.2007 (Annexure-P-20) and communicated the same to the learned counsel appearing for the petitioner. The petitioner claims that after his retirement, the dismissal order could not be passed and that the same is contrary to the rules. The petitioner further contends that FIR No. 91, dated 19.4.2003 was registered under Sections 406/467/468/471/120-B Penal Code at Police Station Sadar, Muktsar. However, the challan was not put up till the filing of the present writ petition and the matter is pending for cancellation of the said FIR.