S K MITTAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) By means of this writ petition under Article 226/227 of the Constitution of India, the petitioner has sought this Court to issue writ in the nature of mandamus/certiorari to quash the charge-sheets served through memorandums dated 2.3.2005 (Annexure P/21); 7.3.2005 (Annexure P/22 and P/23) and order dated 28.3.2005 (Annexure P/25) having been issued by respondent No. 3 who was not a competent person for initiating the disciplinary action by usurping the powers of the 'Board' with all consequential benefits flowing therefrom such as regularisation of suspension period and to grant any other relief.

(2.) The facts of the case are that the petitioner is working as an Environmental Engineer in the Haryana State Pollution Control Board and is aggrieved by the successive charge-sheets issued by the then Chairman Haryana State Pollution Control Board (respondent No. 3) out of mala fide and inimical attitude and by twisting the facts so as to harass the humiliate the petitioner for satisfying his personal grudge. The petitioner whose services were earlier availed by Housing Board Haryana on deputation basis was relieved to resume his duty in his parent department on 1.4.2004 (F.N.) copy of order dated 1.4.2004 is Annexure P/5. The petitioner was directed to report for duty to the Office of Chairman, Haryana State Pollution Control Board, Panchkula and accordingly he joined on 7.4.2004 (F.N.) copy of which is Annexure P/7.

(3.) During the period the petitioner worked under respondent No. 3, he brought certain irregularities committed by respondent No. 3 to his notice which according to petitioner aroused a wrath against him and vide Annexure P/2 1, the petitioner was charge-sheeted for major penalty dated 28.2.2005 copy of which is Annexure P/21. The following is the charge-sheet issued by the Chairman of the Haryana State Pollution Control Board :-