GIAN CHAND Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Present writ petition under Article 226/ 227 of the Constitution of India is for issuance of a writ in the nature of certiorari to quash order dated 21.12.2006 (Annexure P/8) passed by the Punishing Authority, respondent no.2 and order dated 17.1.2014 (Annexure P/10) passed by Appellate Authority, respondent No.3 with a further prayer to direct the respondents to reinstate the petitioner to the post from which his services were terminated with all consequential benefits including full back wages with 12% interest per annum.

(2.) The petitioner was working as a Safai Karamchari (Sweeper) in the Cantonment Board, Ambala w.e.f. 17.04.1987 and he served the Board till 30.09.2006, when he was dismissed from service vide order, annexure P/8 after following disciplinary proceedings, i.e., issuance of charge sheet, holding of regular enquiry and issuance of show cause notice and personal hearing.

(3.) Learned counsel for the petitioner, while assailing the impugned orders, Annexure P/8 and P/10 passed by the Punishing Authority and Appellate Authority respectively mainly took the plea that the allegations against the petitioner were those of absence from duty for short period and even the enquiry proceedings were conducted which were not fair. Rather, the same were biased as the petitioner was a union leader and respondents wanted to get rid off him. The disciplinary proceedings were just formality. More so, the punishment awarded to the petitioner is disproportionate keeping in view the length of service rendered by the petitioner with the respondents. So, the impugned orders, Annexure P/8 and P/10 are liable to be set-aside.