DEVINDER KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Devinder Kumar, who was appointed as Clerk in the Irrigation Department, Punjab has filed this writ under Article 226 of the Constitution of India, praying that order of his dismissal, Annexure P-10, as also the appellate order that came to be passed in the wake of statutory appeal filed by him, Annexure P-12, may be quashed and that he be taken in service with all consequential benefits.

(2.) In the wake of the limited prayer made during the course of arguments, at this stage there is no need to go into the detailed facts. Suffice it, however, to say that the petitioner was charge-sheeted and departmental enquiry was held against him. The basic charge against the petitioner was that he had procured the employment by mis-representing the fact that he was dependant upon his brother. Obviously, the Enquiry Officer, after conclusion, of the proceedings held the charge to be proved. In a statutory appeal preferred by the petitioner, the following order, Annexure P-12, was passed :-

(3.) It is unfortunate but there is no way out for this Court but for to send the petitioner to the same authority with the direction to hear the petitioner or his counsel and give reasons for arriving at the conclusion either in favour or against the petitioner. The Court is conscious of the fact that even now if the petitioner is unsuccessful, it would be a third bout of litigation before this Court but, as mentioned above, nothing can be done in the matter but for to burden the State with costs. This petition is, thus, allowed to the limited extent as mentioned above with costs quantified at Rs. 2000/-. A further direction is given to the officer concerned to dispose of this matter, as referred to above, by passing a speaking order within two months from the date a copy of this order is made available to him. Orders be given dasti.