CHUNI LAL Vs. STATE OF HARYANA ETC

JUDGEMENT

(1.) Chuni Lal was appointed as a Chowkidar on 18th of December, 1962 in the erstwhile Punjab Vidhan Sabha. He was confirmed as such on the 1st of April, 1966. On reorganisation he was allocated to the State of Haryana with effect from 1st November, 1966. On a complaint made against him by one Shri Ghan Shyam, care-taker, he was called upon to submit an explanation (Annexure A) and he sent reply to that explanation. A regular charge-sheet was then served on him which is Annexure 'C'. An enquiry was held and he was issued a show cause notice. His explanation was accepted. A fresh inquiry was instituted to go into some charges. The evidence was led and the petitioner was also given full opportunity to defend his case. He was given a show-cause notice as to why his services would into be terminated vide order, dated 6th June, 1970 and his services were terminated on 8th September, 1970 (Annexure K). It is against his removal that the present writ petition has been filed by him.

(2.) Mr. J.L. Gupta, learned counsel for the petitioner, raised various points in the petition, but now he has confined his argument only to the one that the impugned order is vitiated for non-application of the mind of the speaker. Vidhan Sabha, and that it goes counter to the provisions of Rule 7 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952, which are applicable in the case of the petitioner.

(3.) The written statement has been filed on behalf of the respondents and the allegations in the petition are controverted.