CHANDIGARH ADMINISTRATION Vs. KAMAL PARSHAD & OTHERS

JUDGEMENT

(1.) The charge against respondent No.1 is that he produced false house rent receipts to show that he was residing at H.No.2171, Sector 40-C, Chandigarh from April, 1988 to August, 2008 and claimed house rent allowance while he was actually residing at H.No.764, Sector 16-D, Chandigarh.

(2.) During the course of enquiry, it came to light that H.No.764, Sector 16-D, Chandigarh was allotted to father of respondent No.1 who was a Government servant whereas, respondent No.1 chose to produce fake house rent receipt as through he was residing at H.No.2171, Sector 40-C, Chandigarh owned by one Ram Saran. Findings were recorded against him in the enquiry and as a result of which he was dismissed from service. Respondent No.1 challenged his dismissal. At the intervention of the Court he was reinstated in service. Exercising the option for fresh departmental enquiry, the Department again proceeded against him. Respondent No.1 was again found guilty and was punished with stoppage of two increments with cumulative effect, treating the intervening period from the date of dismissal to the date of joining as leave without pay.

(3.) Respondent No.1 challenged the outcome of the second round of enquiry proceedings before the Tribunal who having found that respondent No.1 was entitled to claim House Rent Allowance when he was actually residing with his father as per the Rules, ignored the fabricated receipts produced by respondent No.1 for claiming House Rent Allowance and set aside the enquiry proceedings which culminated in the above penalty.