CHARAN DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court for quashing order dated 24.4.2008 (P-16), passed by the Speaker, Haryana Vidhan Sabha, removing the petitioner from service under Rule 4(ix) of the Haryana Civil Services (Punishment and Appeal) Rules, 1987. However, the said punishment is not to be considered as a disqualification for future employment under the Government. A further prayer has been made for directing the respondents to reinstate the petitioner in service with all consequential benefits alongwith interest at the rate of 18% per annum.

(2.) Brief facts of the case are that the petitioner joined the Haryana Vidhan Sabha as Peon on 23.6.1987. On 6.10.1998, a criminal case bearing FIR No. 88, under Sections 420/467/468/471 IPC was registered against the petitioner at Police Station North, Chandigarh, on a complaint made by Shri Balwant Singh, another Peon, working in the Haryana Vidhan Sabha Secretariat, alleging that Rs. 6,000/- were fraudulently withdrawn by the petitioner from his bank account of Haryana Cooperative Bank situated in Civil Secretariat. He was arrested and remained in judicial custody from 24.7.1999 to 17.9.1999 in Model Jail, Chandigarh.

(3.) Instead of intimating to his department about his judicial custody, the petitioner sent an application for grant of three days casual leave from 26.7.1999 to 28.7.1999 on the pretext of some urgent work. he was supposed to join his duties on 28.7.1991) but he sent another application by post for extension of leave upto 6.8.1999 on the ground that his urgent work was still incomplete. On 17.8.1999, the Stiprintendent, Model Jail, Chandigarh, sent a commnucation to the respondent department regarding judicial custody of the petitioner (P-2A). On 17.9.1999, the petitioner was granted bail by the learned Judicial Magistrate and he was released. He joined his duties on 20.9.1999. For the first time the petitioner disclosed in his joining letter dated 20.9.1999 that he remained in judicial custody for 56 days from 2.1.1990 to 17.9.1990 (P-3 & P-3A).