UNION OF INDIA Vs. HARENDER SINGH

JUDGEMENT

(1.) HEARD counsel for the parties on the applications for condonation of delay. Delay in filing both the appeals (L.P.A No.430/2012 and L.P.A No.526/2012) is condoned. The above I.As are allowed. L.P.A No.430/2012 It appears that due to quarrel between the wives of two employees, the petitioner -respondent, husband of one of the ladies, was subjected to a departmental enquiry with the allegation that because of that quarrel, there was disturbance of the peace and tranquillity in the Housing Colony and with another allegation that the petitioner assaulted the Milk Vendor. The petitioner was punished with the order of removal of service, vide order dated 1st February, 1999. The petitioner's appeal was dismissed on 3rd April, 1999. The petitioner approached this Court by filing writ petition, being W.P (S) No.6105/2006, which has been allowed by the learned Single Judge after holding that in fact, no evidence was produced to show that the petitioner was present on the spot at the time of quarrel between the two ladies. Learned Single Judge also held that there was no evidence in support of the alleged assault to the Milk Vendor, Sri Dhari Chand Rai and thereafter, learned Single Judge further held that an order to vacate the quarters was served upon the petitioner; however, he did not vacate the quarters even after taking the order and he stated to the Officer that he will talk with the higher Officers. Learned Single Judge observed that the higher Officers failed to do conciliation of the two ladies and failed to take steps for shifting one of them to another building and instead of doing so, they have taken extreme step of removing the petitioner from service.

(2.) LEARNED counsel for the appellant submitted that learned Single Judge proceeded to appreciate and reapprise the evidence and therefore, has committed error of jurisdiction because of the reason that the writ jurisdiction is not the appellate jurisdiction in the departmental proceedings.

(3.) CONSEQUENTLY both L.P.As along with stay petition (I.A No. 3165/2012) are dismissed.