STATE OF HARYANA Vs. ROSHAN LAL SHARMA

JUDGEMENT

(1.) THIS Letters Patent appeal under Clause X of the Letters Patent is directed against the judgment dated the 22nd July, 1968, whereby the Civil Writ Petition under Article 226 of the Constitution of India by Roshan Lal Sharma Teshildar (under suspension) now respondent, was partly allowed by the learned Single Judge. The appellants are (1) State of Haryana (2) Financial Commissioner, State of Haryana, Chandigarh and (3) Commissioner. Ambala Division, Ambala, who were respondents to the writ petition.

(2.) THE respondent was serving as Tehsildar, and after the creation of the State of Haryana, his services were allotted to that State. Before the reorganization of the Punjab there were certain allegations of mis-conduct against the respondent and Mr. A. L. Fletcher who was then Financial Commissioner, Revenue framed a charge sheet containing a number of charges against him which was served on him together with a summary of allegations by the Commissioner, Ambala Division vide Memorandum No. 519/st/kf/ea-II-25152, dated the 13th September, 1966. He was told that it was proposed to take action against him under Rule 14 of the Punjab Tahsildari Rules, 1932, hereinafter to be referred to as the Rules. The respondent denied the allegations in his reply dated the 26th September, 1966. The case was put up before Mr. Fletcher who found that charges 3, 4, 5 ,7 and 10 framed against the respondent were baseless and he ordered the Commissioner, Ambala Division, to make a enquiry into the remaining charges which were comparatively less serious. This order was duly conveyed to the Commissioner, Ambala Division, vide memorandum No. 8137-E (II)-66, dated the 31st October, 1966.

(3.) THE State of Punjab was reorganized, in consequence of which the State of Haryana came into existence on the 1st of November, 1966, and the respondent's services were allotted to this State. Mr. S. N. Grewal was the Financial Commissioner. Revenue in the State of Haryana and the case as set out in the petition was that actuated by mala fides and personal enmity Mr. Grewal made an order that the enquiry against the respondent would be proceeded with into all the charges which had been framed against him including thore which had beee ordered by Mr. Fletcher to be dropped. This was on the 9th of November, 1966, and by order of the Commissioner. Ambala Division, dated the 29th of November, 1966, the respondent was placed under suspension and dispite the respondent's objection to the departmental enquiry proceeding even on the charges which had been dropped, the enquiry was being proceeded with.