KRISHAN SEWAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Articles 226/227 of the Constitution of India for quashing:

(2.) Petitioner-Krishan Sewak was working as Superintendent in the office of the Director of Industries in the Haryana Government. He was given scooter advance of Rs. 9,000/- on September 5,1991. He purchased scooter on October 14,1991 and submitted the documents on July 28,1992. He was placed under suspension on July 7,1994 and charge-sheeted for not properly utilising the scooter advance. Recovery of loan money in lump sum was ordered from his salary on July 15,1992. The petitioner challenged that order of recovery in the Court of Sub-Judge, Chandigarh. The order was quashed by the Sub-Judge vide order dated December 14,1994 and the petitioner was held entitled to the recovery of the amount deducted in lump sum from his salary from the defendants. An amount of Rs. 150 - per month was fixed for recovering the loan money from the petitioner.

(3.) The State Government, in compliance of the order of the Civil Court, refunded the amount deducted in lump sum from the petitioner's salary. A departmental enquiry was initiated against the petitioner. Documents were submitted by the petitioner in support of his innocence. Penalty of warning was awarded after the enquiry and petitioner was reinstated in service vide order dated September 4,1995. Period of suspension was treated as period of leave of the kind due vide order dated October 12,1995. Appeal filed by the petitioner against the order dated October 12,1995 was rejected.