THE HARYANA STATE Vs. WAZIR CHAND KAURA

JUDGEMENT

(1.) The plaintiff-respondent Wazir Chand Kaura, who was at the relevant time Headmaster in Government High School, Chochara, challenged the order dated 7th Jan., 1973 (Ex. P-2) withholding three increments with cumulative effect made by the Director of Public Instruction (Schools), Haryana. The trial Court dismissed the suit holding that a proper enquiry had been held against the delinquent and full opportunity had been given to him to present his case. The plaintiff, thereafter, filed an appeal before the Additional District Judge,Karnal, who allowed the same holding that the order was a cryptic one and that the observations of the authorities that the delinquent was liable to be punished as he had failed to disprove the charges levelled against him, was contrary to the settled principles of law whereby the onus lay on the department to produce evidence to indicate that the delinquent was, in fact, guilty and was liable to suffer punishment on that account, was apparently erroneous. Aggrieved thereby, the present appeal has been filed.

(2.) This case was put up motion hearing on 22nd Nov., 1979 and the same was admitted but no stay,was granted.

(3.) Mr. Shalinder Singh, the learned Deputy Advocate General, Haryana, the Counsel for the department has urged that full opportunity had been given to the respondent to present himself before the departmental authority and the order Ex. P-2 that had been made was perfectly in order.