RAJINDER JIT SINGH Vs. REGISTRAR, PUNJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) This petition challenges order (Annexure P8) terminating the services of the petitioner. The petitioner was employed as a Junior Assistant and was deputed as Junior Center Superintendent during examination for Post Graduate Diploma in Computer Application. It came to the notice of the University that the petitioner had helped some of the examinees to tamper with the answer sheets. Accordingly, a Show Cause Notice alleging misconduct against the petitioner dated 16.10.2002 (Annexure P1) was served to which reply was filed being Annexure P5. After considering the reply dated 10.1.2003 (Annexure P5), Inquiry Officer was appointed who submitted his report dated 11.12.2003 (Annexure P6) holding the charge against the petitioner to be proved. Taking into account the said Inquiry Report, order dated 27.5.2004 (Annexure P8) was passed terminating the services of the petitioner.

(2.) In the writ petition, impugned order of dismissal has been challenged, mainly on the ground that the order was passed by relying on the preliminary Inquiry Report, without issuing charge sheet, list of allegations and without conducting regular inquiry.

(3.) We have perused the Show Cause Notice (Annexure P1) which specifically makes an imputation of dereliction of duties and breach of faith against the petitioner. The said charge is based on the preliminary Inquiry held by Dr. S.C. Gupta as mentioned in the said Show Cause Notice, a copy of which was also annexed with the Show Cause Notice. The petitioner gave reply on merits vide Annexure P5. Thereafter, the Inquiry Officer conducted an inquiry.