ASHISH CHOPRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Articles 226 and 227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of impugned order dated 8.9.2017 (Annexure P-17), vide which, the petitioner has been dismissed from service. A further prayer has also been made for issuing directions to the respondents to allow the petitioner to continue on the post of Vocational Teacher as if no such order has been passed.

(2.) Briefly, the facts of the case as made out in the present petition are that the mother of the petitioner, namely, Smt. Seeta Budhwar was working as Math Mistress in Government Senior Secondary School, Valur, District Ferozepur. She died on 12.9.2003 while in service. The petitioner being the eldest son applied for compassionate appointment on 18.10.2003 as per policy of the State Government and supplied all the documents as required by respondent No.3 and completed all the formalities. However, the claim of the petitioner was not considered for a period of five years from the date of submission of the application. During that period, the petitioner acquired higher qualification of Electrical Engineering and thereafter again represented the department and submitted fresh application on 2.1.2008 for appointment on compassionate ground. After verification of the earlier documents, the father of the petitioner was also asked to furnish his self declaration/undertaking giving family particulars and financial status along with details of moveable and immoveable properties, which were submitted on 12.12.2011. Ultimately, the case of the petitioner was considered and he was appointed on the post of Vocational Teacher on regular basis vide order dated 20.3.2012. Thereafter when the case of the petitioner with regard to anomaly in the pay grade came to knowledge of respondent No.3, a letter was written to the Headmaster to grant pay scale to the petitioner as has been given to other Vocational Teachers. It also came to the notice of the respondent-authorities that the appointment of petitioner to the post of Vocational Teacher was not in accordance with the Rules dated 8.7.1995 and he has wrongly been given scale of Rs. 10300-34800+4200 instead of Rs. 5900-20200+2400.

(3.) On 5.2.2016, the petitioner was issued chargesheet mentioning therein to initiate proceedings against him under Section 8 of Punjab Civil Services (Punishment and Appeal) Rules, 1970 (hereinafter referred to as 'the Rules, 1970'), to which, the petitioner submitted a detailed reply and submitted that his mother died on 12.9.2003 and he applied for compassionate appointment on 18.10.2003 as per scheme of the year 2002 applicable for appointment on compassionate basis. Thereafter a detailed inquiry was conducted at the level of Tehsildar and District Education Officer, Ferozepur to know the details of the family and financial status, wherein, it was found that father of the petitioner was in service at the time of death of the deceased and even at the time of appointment, he was getting pension of Rs. 23,037 per month. Ultimately by giving an opportunity of hearing, the impugned order of dismissal from service was passed on 8.9.2017, wherein, it was mentioned that a detailed inquiry was conducted and the petitioner was afforded an opportunity of hearing on 6.9.2017. The order of dismissal was passed stating therein that a false affidavit was filed and wrong information was supplied. It was also mentioned in the impugned order that the petitioner was not having qualification of Vocational Teacher and was not eligible to be appointed as such by considering his qualification. The impugned order of dismissal is subject matter of challenge in the present petition.