NAGESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment, we propose to dispose of Civil Writ Petition Nos. 8102 of 2007 and C.W.P. No. 8133 of 2007 as common question of law and facts is involved therein. For the sake of convenience, facts are being taken from Civil Writ Petition No. 8102 of 2007.

(2.) THIS petition under Article 226 of the Constitution of India has been preferred by Nagesh Kumar who was working as a Conductor with Haryana Roadways, Jind for issuance of a writ in the nature of Certiorari to quash the order dated 24th April, 2007 (Annexure P -5), - - vide which his services have been terminated without affording him an opportunity to defend himself or holding any regular enquiry by invoking the provisions of Article 311(2) proviso (b) of the Constitution of India.

(3.) A departmental enquiry was conducted against Jogi Ram, Superintendent. In the said enquiry, the Petitioner made statement, and also submitted an affidavit that the complaint dated 3rd February, 2001 was given due to some misunderstanding and stated that Jogi Ram, Superintendent had not taken any bribe from him. On the basis of the said statement and the affidavit given by the Petitioner and other Conductors, the Enquiry Officer held the charges levelled against Jogi Ram, Superintendent not proved and rather held that the allegations made by Pani Singh and Petitioner - -Nagesh Kumar were completely false. The Enquiry Officer further concluded that either they had made a false complaint and submitted a false affidavit or the statements made by them before the Enquiry Officer were false and baseless. He therefore recommended that strict action be taken against these employees.