Dismissal from service without evidence and failure to follow procedural fairness invalidates disciplinary action, requiring reinstatement and back-wages.

JUDGMENT

Mr. Sanjeev Prakash Sharma, J.

The petitioner by way of this Writ Petition challenges the order of punishment of dismissal from service awarded to him vide order dated 29.09.1994 and the order dated 21.06.1996 whereby his Review Petition has been rejected. The petitioner further prays to reinstate him with continuity of service and pay full back-wages.

2. The brief facts, which need to be noticed for the purpose of adjudication of the present case, are that the petitioner is a Doctor who was initially appointed on 01.02.1980 as In-charge, Rural Dispensary (RD) at Chanauli Secondary Health Centre (for short "SHC"). He was transferred as In-charge RD at SHC Sanga Katrala on 11.06.1988, after rendering 8 years of regular service, he was placed in a running grade of Rs. 3,000/- - Rs.4,500/- after eight years of regular service. Vide order dated 30.06.1990, the petitioner was again transferred, but the order of transfer was allegedly not communicated to him. He had made several complaints of the intimidating behaviour of respondent No.3, where after he also filed a criminal complaint against respondent No.3. His Dues had not been paid since long and salary as well as fixation of pay in the running grade, which was although made vide order dated 21.04.1989, yet the petitioner was not given the said benefits.

3. Dr S.S.Khaira, Senior Medical Officer made further complaints against the petitioner and an order was issued on 04.04.1991 to relieve the petitioner from his present place of posting. Directions were also issued on 18.04.1991 to the petitioner to hand over the charge of the dispensary to some other doctor as suggested by respondent No.3. Thereafter, Dr Vijay Kumar was directed to relieve the petitioner on the directions of respondent No.3. One Dr.Sanjiv Heera was also directed by respondent No.1 to join on the post substituting the petitioner. The petitioner could not handover the charge to Dr.Sanjiv Heera in absence of any direction to the petitioner. Where after, a charge-sheet under Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 was served upon the petitioner containing following four charges:-

Charge No.1:

Unauthorized and Will-full absence from duty w.e.f. 16.07.1990;

Charge No.2:

Disobedience and non-compliance of orders of superior Authorities;

Charge No.3:

Causing obstruction to Government servant in discharge of his official duty and;

Charge No.4:

Making false complaints against the superior Officers.

4. The Enquiry Officer submitted his report holding Charges No.1 and 2 stand proved as against the petitioner while Charges No.3 and 4 were not held to be proved. The petitioner submitted his comments to the enquiry report and pointed out that he was not given sufficient opportunity to defend himself. He further submits that the contentions raised by the petitioner were not taken into account and the order was passed on 29.09.1994 dismissing him from service. He filed a Review Petition, but the same was not heard where after, he preferred Writ Petition bearing No.CWP-3450-1996, which was disposed of by this Court with direction to pursue the Review Petition. A supplementary review petition was filed by the petitioner, but the reviewing authority rejected the same and upheld the order o