HARI KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner in this case had studied upto the intermediate and had also passed the higher proficiency in Urdu examination of the Punjab University at Lahore. He was a resident of District Muzaffargarh (now in Pakistan) and was taken as a direct candidate for the post of a Kanungo in Punjab in October, 1943 in accordance with the Punjab Kanungoes Services, Rules, 1935. He underwent the initial training for a period of two years as Settlement Patwari in the District of Muzaffargarh and was also posted in the Consolidation Department for training. He was given training of a Revenue Patwari as well. According to the averments in the petition, on account of his good work shown during the training period, he was posted as Field Kanungo in Circle Mohara, Tehsil and District Muzaffargarh, where he worked as such upto the partition of the country. This fact is, however, denied by the respondents in their return wherein it is stated that the petitioner had not completed his training of two years as Settlement Patwari and that he was not granted efficiency certificate by the Director of Land Records, Punjab, and for this reason, he was not confirmed as a Patwari.

(2.) The petitioner goes on to state in the petition that as a result of the partition of Punjab in 1947, he along with other revenue staff was transferred to District Hoshiarpur, where he was put incharge of the Circle Sarhala Kalan, Tehsil Garhshankar, District Hoshiarpur. He served in that district as Field Kanaungo upto 1950. Thereafter, he was transferred to Karnal District along with other revenue staff on their representation and he was posted as Field Kanungo in various Circles in Karnal district. He worked in Karnal District as Field Kanungo Mahal from 1950 to 1954 when he was transferred to district Hisar by order of the Director, Land Records, Jullundur, who is the head of the department. He was posted as a Colony Kanungo whose duties are the same as that of a Settlement Kanungo. He served there for about six months whereafter he was transfered back to the district of Karnal on his representation. At Karnal, he had some trouble with Swaran Singh, Saddar Kanungo and his successor Kidar Nath. An order of suspension was made against him by the Deputy Commissioner. But as a result of the enquiry made by the General Assistant Karnal, he was reinstated with full pay. The petitioner has not given any date of his suspension or enquiry. The averment made in this behalf has been described as "incorrect and absurd" in the return filed by the Deputy Commissioner.

(3.) The Deputy Commissioner, Karnal, by his memorandum No. 2034/SK dated nil, sought the approval of the State Government through the Commissioner, Ambala Division for compulsorily retiring the petitioner under Note 2 below rule 5.32 of the Punjab Civil Services Rules, Volume I. The Commissioner, in reply, informed the Deputy Commissioner, Karnal, that the procedure to be followed in the case of non-gazetted Government servants intended to be compulsorily retired was contained in the Punjab Government letters No. 1707/9-II(I)-58/9255 dated 1st April, 1958, and No. 55-GII-59/1344 dated 3rd January, 1959, and that all formalities to be observed in such cases were mentioned therein. It was further pointed out that in the case of the petitioner, the Director, Land Records, Jullundur, was the head of the department, to whom the case should be referred for completing all the formalities prescribed in the above mentioned letters of the Punjab Government and the petitioner should be compulsorily retired after obtaining the approval of the Goverment (vide Annexure 'A' to the writ petition). Thereafter, on 22nd April, 1964, the Deputy Commissioner, Karnal, referred the case of the petitioner to the Director, Land Records, Jullundur, with a request that the Government's approval be obtained for compulsory retirement of the petitioner (vide Annexure 'B' to the writ petition). Along with this letter, 15 files relating to the petitioner in which departmental action had been taken against him were also sent. Some correspondence passed between the Deputy Commissioner, Karnal, and the Director, Land Records, on the subject and in his letter dated 23rd April, 1966, the Director Land Records, Jullundur, informed the Deputy Commissioner that the case of the petitioner is to be reexamined in the light of the instructions contained in the Kanungo Services Rules, 1935, as well as rule 5-9(b) of the Punjab Kanungoes Services Rules, in the matter before taking any action (vide Annexure 'C'). Meanwhile, on 19th February, 1965 the Deputy Secretary to Government, Punjab Consolidation Department, Chandigarh, wrote a memorandum to the Director, Land Records, Jullundur, asking for the following information in the case of the petitioner: