MADHO SINGH BHATI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order Annex.8 dt. 22.03.2007 placing the petitioner under suspension and also the proceedings initiated against him.

(2.) I have heard learned Counsel for the parties.

(3.) THE notice Annx. 1 is a show cause notice issued to the petitioner by the respondent No. 2 stating therein that at 10:15 AM on 03.01.2007, when the inspection was made, he was found absent and the explanation of the petitioner was called within three days. The petitioner filed the explanation Annex. 2 on the very next day i.e. 04.01.2007 stating therein that he, along with the Parcha Vitran and Chowidars of Solid waste -material and Guards, was present in the office at 9:45AM on 03.01.2007 and thereafter he inspected the solid waste -material boxes, the taxies loading solid waste -materials etc. and recorded his presence in the Duty Register of Guards it item No. 6 on page 1 in the Inspection Diary maintained in the office and, thus he was present on duty at the very beginning of the duty hours of the relevant day. It has also been stated that this fact was brought to the notice of the respondent No. 2 but the respondent No. 2 did not accept his explanation vide Annx.2. It has also been stated that the petitioner is also a Guards Incharge and, therefore, the concerned records and registers are kept and maintained by him. The petitioner had shown the attendance registered to the respondent No. 2; however a question marks was put in the attendance register by endorsing the time 10:20 AM. It has further been stated that the question mark was made against the name of one Paras Mal, Cashier also, but under the pressure, Cashier, which, according to the petitioner, show step -motherly treatment of the respondent No. 2 towards the petitioner. The respondent No. 2 considered this be an ordering language used by the petitioner and issued a show cause notice Annx.5 dt. 11.01.2007 stating therein that in the reply to the show cause notice Annx.1 dt. 03.01.2007, the petitioner has used the ordering language. The petitioner has also placed on record various certificates issued by the respondent authorities appreciating his services, including a certificate issued by Mr. R.K. Maheshwari, working as the Executive Officer, Municipal Board, Balotra, appreciating his services.