ANIL DAHIYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has prayed for quashing of impugned order dated 14/21.9.2007 (Annexure P-5) vide which he has been awarded the punishment of stoppage of three increments with cumulative effect.

(2.) Brief facts of the case are that the petitioner was appointed as Lecturer in Economics on 4.8.1989 in Vivekanand College, Nangal Chaudhary. The same was taken over by the Government on 24.7.1997 and since then he is in the employment of Education Department, Government of Haryana/respondent. The petitioner was charge sheeted under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 (for short the Rules) vide memo dated 16.11.2004 for the acts of omission and commission, committed while he was posted as Lecturer in Commerce, Government College, Hodal from 9.7.1998 to 11.12.2003. The charges levelled against him were as under :-

(3.) Thereafter, the Financial Commissioner-cum-Secretary, Government of Haryana, Education Department, Chandigarh, issued a show cause notice dated 25.1.2006 (Annexure P-1) alongwith a dissenting note and copy of the enquiry report. The show cause notice proposed penalty of stoppage of three increments with cumulative effect. The dissenting note contained the reasons for not agreeing with the conclusions and observations recorded by the Enquiry Officer. The petitioner filed his detailed reply dated 15.2.2006 (Annexure P- 4) to the same. Personal hearing to the petitioner was also given on 17.7.2007. The disciplinary authority after careful consideration of the matter held that it was proved that the petitioner was drunk, misbehaved with his colleagues and superiors in front of the school children in the NCC Camp and did not perform his duties and proceeded to impose the punishment of stoppage of three increments with cumulative effect vide order dated 14/21.9.2007 (Annexure P-5). Hence this writ petition.