HARI MOHAN SHARMA Vs. REGIONAL RESEARCH INSTITUTE

JUDGEMENT

(1.) IN this writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the decision of the Enquiry Officer imposing the penalty of censure on the petitioner as well as the decision of the appellate authority imposing the penalty of with -holding of 3 grade increments with cumulative effect against the petitioner.

(2.) THE facts giving rise to the filling of this writ petition briefly stated, are that the petitioner was appointed on the post of Compounder in the Regional Research Institute (for short 'RRI') (Ayurvedic), Jaipur with effect from 15 -3 -75. The Assistant Director, RRI had served a memorandum containing imputation of charges of misconduct and misbehvaiour against the petitioner dated 20 -1 -88 vide Annex -1.The petitioner was directed to submit his reply within 10 days from the receipt of the memorandum and was also provided opportunity of hearing by giving him opportunity of filing written statement. The petitioner filed his reply to the said memorandum in respect of the charges and also sought an opportunity for hearing before the Enquiry Officer which he was given by the respondents. The Enquiry Committee of 3 senior officers were appointed to examine the veracity of the charges against the petitioner. It has been contended by the petitioner that he was not given the copy of some of the statements of the witnesses as detailed in para 5 of the writ petition and moreover the statement of Smt. Begama, the complainant was also not recorded in the presence of the petitioner. Alternatively it has been pleaded that the statement of the complainant which was recorded on 10th August, 1988 was not justified since no notice of the same was given to the petitioner and was recorded behind the back of the petitioner. Moreover the petitioner was not given any opportunity of cross -examineing the complainant since copy of her statement was not supplied to the petitioner, in gross violation of principles of natural Justice.

(3.) VIDE order dated 7 -10 -88, the penalty of 'Censure was imposed on the petitioner with the forfeiture of pay and allowances of the suspension period excluding the subsistance allowance vide Annex -14.