SMT. KAMLESH THAKUR Vs. THE HIMACHAL PRADESH BOARD OF SCHOOL EDUCATION, DHARAMSHALA AND CONNECTED MATTER

JUDGEMENT

(1.) These two petitions are being disposed of by a common judgment. It is unfortunate that the petitioner Shri Jagdish Thakur (since dead) who was working as Senior Clerk with the respondent had faced a long unending departmental proceedings relating to some inquiry held against him in the year 1989. The facts as disclosed are that the proceedings are inquisitorial in nature and under the garb of enforcing disciplinary proceedings had become interminable despite repeated requests by the petitioner for early disposal.

(2.) It is undisputed before me that the deceased petitioner (now represented by his wife) was charge sheeted on 31.8.1990. Two Articles of Charge had been framed against him. The gist of the charges were that (i) the petitioner while working as Senior Clerk and posted as Incharge of Sale Book Depot at Nahan in 1988 was called to Dharamshala for three days for verifying the adjustment of advance amounts and purported irregularities found during the inspection of the depot. The petitioner reported at Dharamshala on 28.11.1988 and some alleged irregularities having been found on inspection of the record. He was directed to report to the Head office at Dharamshala on 3.12.1988 but he did not do so. This act of the petitioner was found to be disobedience of the order passed by the respondents.

(3.) The second charge, which was more serious, was that during this period when the petitioner was posted at Nahan, he was responsible for embezzlement of Rs. 11,08,986.48 Ps. Vide letter dated 30.6.1990 the petitioner was directed to reconcile the differences within 15 days with the sale branch but he did not do so. This act of embezzlement etc. was attributed to the petitioner as being a pre-planned conspiracy.