MOHD. FAROOQ Vs. PUNJAB WAKF BOARD

JUDGEMENT

(1.) VIDE order dated 2.8.2007 (Annexure P-12), the Chairperson of the Punjab Wakf Board, Chandigarh has imposed a penalty of stoppage of two annual increments of the petitioner on permanent basis from the date of issuance of the charge-sheet. The petitioner has challenged the aforesaid order of punishment as also the charge-sheet (Annexure P-1) and the enquiry report dated 12.12.2001 (Annexure P-9).

(2.) THE petitioner was serving as a Section Officer (Wakf) with the respondents-Board. He was served with a Memorandum dated 30.4.1999 (Annexure P-1) asking him to submit his reply to the statement of CWP NO.16378 OF 2007 2 allegations/charge-sheet within a period of 15 days from the date of issuance of the Memorandum. The aforesaid Memorandum was accompanied with the statement of allegations framed against the petitioner. It appears that as many as 12 sets of allegations were made against the petitioner for which enquiry was ordered. The Enquiry Officer submitted his enquiry report dated 12.12.2001 (Annexure P-9). The Enquiry Officer exonerated the petitioner from all the charges, except Charge No. 2 and found him guilty of misconduct under Charge No. 2. On the basis of the Enquiry report, a show-cause notice dated 19/22.6.2002 (Annexure P-10) was issued to the petitioner. The petitioner submitted his reply dated 6.7.2002 (Annexure P-11) to the said show-cause notice. On consideration of the reply, the impugned order dated 2.8.2007 (Annexure P-12) imposing penalty has been passed against the petitioner. The main contention of the learned counsel for the petitioner is that the Enquiry Officer has returned his findings on Charge No. 2 without any evidence/material on record. As a matter of fact, the contention raised is that the findings on Charge No. 2 are perverse and thus, the Enquiry report and consequential proceedings including the impugned order are liable to be quashed.

(3.) DURING the course of the enquiry, the Enquiry Officer has recorded following findings on the aforesaid charge:-