K.C.RAHI Vs. BOARD OF DIRECTORS

JUDGEMENT

(1.) Petitioner has filed this writ petition under Articles 226/227 of the Constitution of India seeking to quash order dated 28.6.1999 mark Annexure P -12 passed by H.P. State Administrative Tribunal dismissing his O.A. (M) No. 1050/95,1 order dated 16.6.1994 mark Annexure P -9/1 removing him from service with immediate effect and appellate order dated 5th October, 1995 mark Annexure P -10.

(2.) It is the case of the petitioner that he joined the service of the respondent -Corporation as Chief Inspector on 31.10.1980. He was transferred and posted at Kaza under -Tapri Unit of the respondent -Corporation where he joined on 19.12.1988. On 29.6.1990 the petitioner is stated to have been charge -sheeted (No. 1881) by Assistant Manager, H.R.T.C. Tapri but according to the petitioner, no charge -sheet was ever served upon him though he remained posted at Kaza till 3.9.1990. On 18.8.1990, the petitioner was transferred to Central Booking Agency, Delhi under Solan Region of the respondent -Corporation. Pursuant to order dated 25.8.1990 of the Assistant Manager, Tapri, the petitioner attended the office on 3.9.1990 on which date, his dues were paid to him and he was relieved but without serving charge -sheet dated 29.6.1990 upon him. The petitioner was again transferred from Delhi to Karsog under Tara Devi Region and relieved on 6.12.1990. He consequently, joined at Karsog on 19.12.1990. The Regional Manager, Tara Devi put the petitioner under suspension on 15.5.1991 and his Head Quarter was fixed at Karsog.

(3.) On 8.8.1991 one charge memo No. DM(N) -IE/9 -2026 (other than the charge -sheet No. 1881 dated 29.6.1990) which was sent to the petitioner which was duly replied by him vide memo dated 9.9.1991 mark Annexure P -2 requesting the Divisional Manager, H.R.T.C. Shimla Division to appoint some other Inquiry Officer from other department as the subject -matter of the inquiry pertains to the officers of the Corporation. The petitioner made two representations dated 1.11.1991 mark Annexure P -3/1 and 24.5.1992 mark Annexure. P -3/2 respectively stating therein that without advance payment of T.A., he would not be in a position to attend the inquiry proceedings. The respondent -Corporation appointed Shri S.R. Dogra, Regional Manager, Rampur as Inquiry Officer in - place of Shri K.C. Chauhan. On 22.10.1992 the petitioner submitted a representation to the Inquiry Officer with a request to send his case to Director of Inquiries followed by a reminder dated 30.11.1992. Again on 12.4J993 Shri Nigam Singh Chauhan, Deputy Divisional Manager was appointed as new Inquiry Officer. The petitioner had no intimation whatsoever till the date that Sh. Nigam Singh Chauhan, Deputy Divisional Manager was appointed as Inquiry Officer in regard to the charge -sheet to be inquired against him more particularly no notice was ever issued or served upon him in regard to chargesheet dated 26.9.1990. A public notice mark Anriexure P -5 appeared in the Tribunal news paper on 22.5.1993 issued by Divisional Manager, H.R.T.C. Shimla Division, Shimla directing the petitioner to appear before the Inquiry Officer in his office at Shimla on 15.6.1992. It is the case of the petitioner that no notice or summon with regard to chargesheet No. 1881 dated 29.6.1990 was sent to him on his address at Karsog where his head quarter during suspension period was fixed whereas other correspondence was regularly sent to him on the said address.