HOSHIAR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner Hoshiar Singh in the present writ petition has made the following substantive prayers:-

(2.) The petitioner is a retired employee of Haryana Roadways, Jind. During service, he remained the office bearer of Anti-Corruption Union formed by the employees of the Transport Department to fight with the corrupt practices of the officers in the department. When some case of illegal practise was exposed from the records, in such matters, the voice was raised by the Union. After retirement, the petitioner being a public spiritual person, it is submitted, has been raising his individual voice against the illegalities and irregularities committed by the Haryana Transport Department. While he was in service it is stated that he unearthed the bogus check way bills scams in the Jind Depot of the Haryana Roadways in the year 1999. In the present case, it is submitted by the petitioner that he has no personal interest or grudge against Udeyvir Singh (respondent No.5). His source of income is his monthly pension. He seeks indulgence of this Court in the larger public interest to highlight that as to how Udeyvir Singh (respondent No.5) was initially inducted in service against the post of Chief Inspector despite being ineligible and unqualified. Subsequently, he was promoted to the responsible posts. Despite the fact that the enquiries were pending against him, it is alleged that Udeyvir Singh (respondent No.5) managed to grab very high and responsible post of General Manager in the Transport Department.

(3.) According the petitioner, it is a case of an employee whose initial appointment was de hors the recruitment rules and based on fraud in which he was held liable to the charges by the Vigilance Bureau of Haryana and departmental action was recommended against him but still despite having held guilty in the departmental inquiries against him on the complaints filed by the petitioner, no action penalizing him was taken by the State of Haryana through Additional Chief Secretary, Govt. of Haryana, Department of Transport, Civil Secretariat, Haryana (respondent No.1) and State Transport Commissioner, Haryana (respondent No.2) and instead of taken penal action against him, it is alleged that he was promoted to the post of General Manager vide impugned order dated 4.7.2013 (Annexure P-14). Now, he was being allowed to retire on 31.5.2016 on attaining the age of superannuation without taking any penal action against him in pursuance of the departmental inquiries holding him guilty of the charge.