MOHAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present writ petition, the challenge is to the order dtd. 24/4/2012 (Annexure P-5) vide which, the petitioner has been removed from service on the basis of a chargesheet dtd. 22/7/2005. It has been further prayed in the writ petition that the petitioner be deemed to be retired on 2/3/2006 i.e. on the expiry of three months notice given by the petitioner for voluntarily retirement, as the request made by the petitioner seeking the said voluntarily retirement on 2/12/2005 has never been rejected by the respondents. The necessary facts, which led to the filing of the present writ petition are as under:

(2.) The petitioner joined as a Medical Officer on 20/9/1982. He kept on working as such till he was promoted as a Senior Medical Officer on 28/11/1988. The petitioner worked as Senior Medical Officer till 10/9/2003, when he was promoted as a Civil Surgeon. He continued working as such till 22/8/2004 when he was posted as Deputy Director.

(3.) On 22/7/2005, the petitioner was issued a chargesheet under Rule 7 vide memo No.7/5/05-2HB-I dtd. 27/7/2005. The allegations in the said charge sheet was that the petitioner remained absent starting from 30/11/2004. Despite the issuance of the chargesheet, the petitioner only joined on 2/12/2005. Even on joining, the petitioner immediately submitted an application for earned leave from 5/12/2005 till 6/1/2006.