RAM DIA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking quashing of the impugned order dated 26.07.1990 (P-3) and order dated 19.5.1993 passed by respondent No. 2 and order dated 13.01.1993 (P-5) passed by respondent No. 1.

(2.) The petitioner was posted as Assistant Jawahar Rojgar Yojna in the office of the Block Development and Panchayat Officer, Thana, Distt. Hissar and was put under suspension by respondent No. 2 vide order dated 30.05.1986 (P-1). He was reinstated vide order dated 30.01.1987, subject to pendency of enquiry (P-2). A charge sheet was thereafter issued to the petitioner under Rule 8 of the Haryana Punishment and Appeal Rules, 1987, vide memo dated 20.09.1989 levelling the following allegations against the petitioner:-

(3.) The petitioner could not submit reply to the above show cause notice dated 20.09.1989, as the wife of petitioner was ill. Respondent No. 1 without holding any enquiry passed the punishment order dated 26.07.1990 stopping two grade increments with cumulative effect. An appeal was filed against the aforesaid order, which was dismissed vide order dated 13.01.1993. Respondent No. 2 inflicted second punishment vide order dated 19.05.1993 holding that the petitioner is not entitled to any payment/salary except the substance allowance already received by him.