K C ARORA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner who was working as Sub Divisional Engineer in the Public Works Department (B&R) of the Government of Haryana before being removed from service has challenged the charge-sheet dated 30.1.1986, the enquiry report, Annexure P-11, and the order of punishment dated 22.8.1991 by which he has been removed from service and recovery of a sum of Rs.48,750/- has been ordered from him by the Government. BRIEF FACTS:-

(2.) The petitioner joined service as Sub Divisional Engineer on being selected by the Haryana Public Service Commission. There has been a lot of litigation regarding the claim of the ex- Emergency Commissioned Officers like the petitioner in the matter of their seniority, pay fixation and promotion. Writ petition filed by the petitioner and some other claiming benefit of military service was rejected by this Court but on appeal, their Lordships of the Supreme Court upheld his claim and directed the Government to give credit of entire military service for the purpose of seniority and all other benefits as would appear from the judgment of the Apex Court in Ex-Captain K.C. Arora and others versus State of Haryana and others, 1984 2 SLR 97. In a subsequent review petition filed by the Government, their Lordships clarified their earlier order and limited the benefit of military service only to the extent of emergency period. The second round of litigation ensued between ex-Emergency Commissioned Officers and other officers when the Government amended the Service Rules in order to nullify the effect of the judgment given by the Apex Court. In B.M. Sharma versus State ofHaryana and others,1987 5 SLR 531, a Division Bench of this Court struck down the amendment and directed the official respondents to consider the case of the petitioner and other similarly situated persons for retrospective promotion.

(3.) More than one contempt petitions were filed by the petitioner before the Apex Court as well as this Court alleging non-compliance of the orders passed in his favour. In these contempt petitions a number of officials including the Commissioner and Secretary, PWD (B&R) and Engineer-in-Chief were impleaded as respondents.