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JASGURPREET SINGH PURI
A. K. Srivastva – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral)
The present petition has been filed under Articles 226/227 of the Constitution of India seeking a writ in the nature of Certiorari for quashing the impugned order dated 24.07.2015 (Annexure P-1) passed by respondent No.2 with a further prayer for Mandamus directing the respondents to grant to the petitioner all the consequential benefits.
2. The factual matrix of the present case is that the petitioner was employeed as Project Officer with respondent No.2 which is the Haryana Kalyan Nigam which is now known as Haryana Scheduled Castes Finance and Development Corporation. In the year 1991 when he was posted as Project Officer at Common Facility Centre of respondent No.2 at Ambala Cantt., the petitioner was suspended from duty vide letter dated 23.12.1991. Thereafter, he was served with charge-sheet on 13.01.1992 under the provisions of Haryana Harijan Kalyan Nigam Employees Service Bye Laws and Haryana Civil Services (Punishment and Appeal), Rules, 1987. There were total seven charges against the petitioner and a regular departmental enquiry was held. Vide Annexure P-4, a report was submitted by the Enquiry Officer dated 11.03.1993. Each and
The dismissal of the petitioner was set aside due to procedural irregularities and violation of natural justice, entitling him to retiral benefits.
The appointment being void ab initio precludes the petitioner from claiming reinstatement and other benefits.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
Point of Law : Service matter - Unauthorized and deliberate absence – Dismissal from service - Despite serious warning having been given to petitioner time and again by authorities concerned from ver....
Disciplinary authorities must follow the established procedure of law and judicial pronouncements in disciplinary proceedings.
The rejection of benefits must be based on a proper application of mind, and disciplinary action must be conducted expeditiously with appropriate evidence.
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