SHIV SHANKAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has challenged his dismissal order dated 25.1.1985 (Annexure P.8) and dismissal of his appeal dated 7.2.1986 (Annexure P.9)

(2.) Facts of the case are that vide order Annexure P.1, the petitioner was appointed Chowkidar on 24.11.1965. His services were confirmed vide order dated 20.8.1966 (Annexure P.2). He was allowed to cross efficiency bar w.e.f. 1.2.1978 (Annexure P.3). He was posted as a chowkidar in the office of District Forest Officer, Bhatinda. On the intervening night 17-18.8.1980 Government jeep No. PV-2645 was stolen and the First Information Report (Annexure P.4) was registered at Police Station Kotwali Bhatinda on 18.8.1980. The said jeep was later on recovered and challan was presented against the persons responsible for committing theft of this jeep. The petitioner was suspended on 18.8.1980, but was later on reinstated on 3.4.1981, though was not paid full wages of the period of suspension.

(3.) The petitioner was served with a charge-sheet (Annexure P.5) vide letter No. 1899 dated 9.9.1980 by the Divisional Forest Officer, Bhatinda and an enquiry was ear marked to the Range Officer, Rampura. The petitioner's contention is that he made several representations oral as well as written alleging that the Range Officer, Rampura, being Enquiry Officer, is not acceptable to him. His request was turned down by the Divisional Forest Officer, Bhatinda. Against that order, he filed an appeal before the Forest Conservator, Punjab at Patiala, (Annexure P.6) but before this appeal could be decided, the Enquiry Officer submitted his report. During the pendency of the enquiry, the petitioner was, first of all, transferred to Rampura, then to Mansa and thereafter to Faridkot Division. He received a Show-Cause Notice dated 27.12.1984 but copy of the report of Enquiry Officer was not furnished to him. He appeared before respondent No. 3 and there he was made to thumb mark on a typed paper and was assured orally that he would be let off with a warning, but to his chagrin after 18 days, he received the dismissal order (Annexure P.8). He also filed departmental appeal before the Forest Conservator, Patiala, which was rejected vide order dated 7.2.1986 (Annexure P.9), which is a non-speaking order. He applied for copy of the detailed dismissal order, but vide letters Annexures P.9 and P.10, he was intimated that the copy of the dismissal order dated 7.2.1986 be obtained from the Divisional Forest Officer, Faridkot or Bhatinda.