DEEPAK SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petition has been filed on the following prayers vide para 12(i) and (ii): 12(i)That impugned Annexure P -9 or any other subsequent orders passed by the Respondents may kindly be quashed and set aside. (ii)that the Petitioner may be allowed to continue in service with all consequential benefits.

(2.) THE Respondents have taken the following stand vide paras 1 and 3 of preliminary submissions:

(3.) HOWEVER , the disciplinary authority without giving any tentative reasons for disagreement with the Inquiry Report, Annexure P -5, proceeded to issue Memorandum dated 3rd June 2004, Annexure P -4 to the Petitioner, which reads as under: MEMORANDUM Whereas, Sh. Deepak Sharma, Clerk, O/o the BPEO Pooh, Distt. Kinnaur H.P. had been served upon with a Memorandum of charge under Rule 14 of the Central Civil Services (Classification, Contro and Appeal) Rules, 1965 vide this Director at eletter no. EDN H Pry (1)B(6) Inq/99 dated 30th September, 2003 for violating the policy by way of producing false certificate that no membe of his family is in Govt. service. And whereas, as Inquiry Officer had been appointed to find found the truth of the allegation levelled against the above said Sh. Deepak Sharma, clerk. Whereas, the Inquiry Officer has submitted his inquiry report vide his letter No. nil dated 18th Mach, 2004. And whereas, on careful consideration of the Inquiry Report the govt. has come to a conclusion that sh. Deepak Sharma, clerk O/ O the BPEO Pooh, Distt. Kinnaur H.P. has violated the provisions of conduct Rules 3(1) (i),3(1)(ii) and 3(1)(iii) Rules, 1964 by way of producing false certificate to get a Govt. job. The gravity of the misconduct committed by Sh. Deepak Sharma, clerk is such as to warrant the imposition of a major penalty and the undersigned proposes to impose on him the penalty of removal from Govt. Service. Now, therefore, Sh. Deepak Sharma, clerk is hereby given an opportunity of making representation on the penalty proposed above. Any representation which he may wish to make against the penalty proposed above will be considered by the undersigned. Such a representation, if any, should be made in writing and submitted so as to reach the undersigned not later than fifteen days from the date of receipt fo this Memorandum by Sh. Deepak Sharma. The receipt of this Memorandum should be acknowledged by Sh. Deepak Sharma, Clerk. Enclosed: InquiryReport. 21. In the present case, the Controlling Authority while calculating the gratuity payable to the Workman has counted the entire period from March, 1982 to 31.10.2001, i.e. Twenty years and has directed the Executive Engineer, Irrigation & Public Health Division, Sarkaghat to pay a sum of Rs. 53,873/initially and after deducting a sum of Rs. 17,269/finally directed the State to pay sum of Rs. 36,604/. 22. In view of the above discussion, the Controlling Authority was required to calculate the gratuity for the period w.e.f. March, 1982 to 31.12.1993 under the payment of Gratuity Act, 1972 and for the remaining period, i.e. 1.1.1994 to 31.10.2001 (regular period only), the state was bound to pay the gratuity under the CCS (Pension) Rules, 1972. Accordingly, the writ petition is disposed of with the following directions: