KHUSHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, inter-alia, seeks quashing of punishment order dated 13.02.2014 (Annexure P-7) as upheld by appellate order dated 14.07.2014 (Annexure P-9), whereby he has been dismissed from service.

(2.) Brief facts. Petitioner joined Haryana Urban Development Authority (hereinafter referred to as HUDA") as Clerk in the year 1995. He was subsequently transferred to Rewari Office in the year 2001. It is alleged by the respondent- HUDA that while the petitioner was working as Office Associate, it was within his knowledge that plot No.11-P, Sector 6, Dharuhera, Rewari was in the process of being surrendered. Litigation too was going on regarding refund amount, but notwithstanding, the petitioner accepted the payment of balance installment and enhanced price, without any approval of the higher authorities. Owing to the said delinquency, the petitioner was served with memorandum of charges (Annexure P-1).

(3.) The petitioner in his reply thereto stated that the plot in question was allotted initially to one Smt.Daulat Bai Bhateja which she surrendered in the year 1992 and demanded refund. Her request remained pending up till her death in year 1993. Thereafter, her son, Shri Ram Lal Bhateja, applied for transfer of the plot in his name. The plot was consequently transferred in his name vide memo dated 09.01.1995 and he was issued re- allotment letter on the ground that his mother had passed away. Since Shri Ram Lal Bhateja was in possession of the re-allotment letter, the petitioner, therefore, marked the voucher for payment as the voucher contained a certificate that the plot had not been resumed or surrendered.