STATE OF PUNJAB Vs. SHRI KARTAR SINGH GREWAL

JUDGEMENT

(1.) WHETHER the provisions of Rule 22 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, are mandatory in nature is the primary question which falls for determination in this; second appeal which is before us on a reference.

(2.) DR . Kartar Singh Grewal was a member of the P.C.M.S. Class I service and was due to superannuate on the 1st of September, 1972. However, long before that, departmental proceedings on six charges of corruption were commenced against him in July, 1968. The Enquiry Officer found him guilty of the following two charges, whilst exonerating him on the remaining four:

(3.) MEANWHILE up to the 22nd of August, 1972, the Respondent attended to his duties in the office but apparently having got some wind of the action impending against him he went on a day's casual leave on the date aforementioned. Thereafter he applied for extension of that leave but it is the common case that the sought for extension in leave was never sanctioned by the competent authority. Persistent attempts to personally serve the Respondent with the order of dismissal after the 28th August, 1972, forthwith were made on behalf of the Appellant State at all his known addresses. A vigorous attempt to trace him was made both at Patiala and Ludhiana but it appears that the Respondent managed to evade such service effectively and it was not till the 2nd of September, 1972, that he was served personally. This, however, was obviously after his date of superannuation. Subsequently the order of dismissal was received by the Respondent through registered post on the 7th of September, 1972, which in fact had been despatched from office on the 1st of September, 1972.