G.S. SIDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant petition preferred under Article 226 of the Constitution of India, petitioner has challenged his order of dismissal dated August 29, 2016 (Annexure P-12) from service as well as sought his reinstatement, seniority, back wages and other emoluments such as pension, gratuity, leave encashment etc. alongwith consequential benefits flowing from his reinstatement with interest @ 18% per annum.

(2.) Brief facts of the case giving rise to the instant petition are that petitioner was appointed as Excise and Taxation Inspector on September 27, 1985. He was promoted as Excise and Taxation Inspector on April 05, 1999. During the financial year 2011-12 when he was posted at Barnala, respondent No.4 - Shalin Walia, Assistant Excise and Taxation Commissioner submitted a complaint dated June 02, 2014 (Annexure P-1) to respondent No.2 - Excise and Taxation Commissioner, Punjab, to the effect that petitioner alongwith one Ms. Dipika, Excise and Taxation Inspector, has created a dubious record due to which the Department has suffered huge revenue loss. Additional Excise and Taxation Commissioner was asked to enquire into the allegations levelled in aforesaid complaint of respondent No.4, who submitted his report dated June 11, 2014 (Annexure P-2) and recommended disciplinary action against petitioner and Ms. Dipika, ETI. Petitioner was suspended vide order dated July 14, 2014 (Annexure P-3), against which, he submitted a request dated July 25, 2014 (Annexure P-4) for its vacation. Petitioner was chargesheeted vide order dated October 28, 2014 (Annexure P-5), to which, he submitted his reply dated January 05, 2015 (Annexure P-6). Thereafter, petitioner was reinstated in service on February 19, 2015 (Annexure P-7), pending enquiry. Enquiry Officer was appointed by respondent No.1 vide order dated March 25, 2015 to look into the charges levelled against petitioner and Ms. Dipika, who submitted his report dated June 17, 2015 (Annexure P-8), on the basis of which, a show cause notice dated August 07, 2015 (Annexure P-9) was issued to the petitioner to submit his reply against the findings recorded by the Enquiry Officer. Petitioner submitted his reply dated September 29, 2015 (Annexure P-11). Respondent No.1 vide impugned order dated August 29, 2016 (Annexure P-12) imposed punishment of dismissal from service upon the petitioner while imposing punishment of stoppage of four increments with cumulative effect upon Ms. Dipika, ETI.

(3.) Heard learned counsel for the parties and perused the record but this Court finds no legal substance in the submission made by learned counsel for the respondents.