DHANI RAM CHAUDHARY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The facts necessary for deciding this petition, which has been filed for quashing the order dated 25.4.1997 passed by the Government of Haryana, are that the proceedings under Rule 8 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 (hereinafter referred to as 1987 Rules) were initiated against the petitioner vide memo Annexure P-1 dated 21.12.1993. The allegation leveled against him was that he has failed to exercise proper financial control on his subordinate Shri S.S. Magu, Sub Divisional Engineer whose action caused financial loss to the government. The petitioner submitted reply Annexure P-3 to contest the allegation leveled against him. Thereafter, the government passed the impugned order and imposed upon him penalty of stoppage of one annual grade increment without cumulative effect. The petitioner has challenged the order of punishment mainly on the ground of violation of the rules and the principles of natural justice.

(2.) The respondents have pleaded that the punishment imposed upon the petitioner is justified because he has been found guilty of negligence in the performance of duty as a supervisory authority.

(3.) Rule 4 of 1987 specifies the minor penalties which can be imposed on a government employee. The relevant extract of this rule is reproduced below: