HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

Reserved on 12.09.2025 Pronounced on 30.10.2025 ****

Kamlesh ... Petitioner VS.

State of Haryana & Ors. ... Respondents ****

CORAM: HON’BLE MR.JUSTICE SANDEEP MOUDGIL ****

Present: Mr. KL Arora, Advocate for the petitioner Mr. Ravi Dutt Sharma, DAG Haryana Mr. Harneet Oberoi, Advocate (through VC) and Ms. Anmol Preet Kaur, Advocate for respondent No.5 ****

Sandeep Moudgil, J.

(1). The jurisdiction of this Court has been invoked under Article 226 of the Constitution of India for issuing a writ of certiorari for quashing the impugned order dated 03.02.2017 (Annexure P8) and 20.09.2017 (Annexure P- 8/1) vide which penalty of stoppage of two increments with cumulative effect has been imposed. A further direction is sought to the respondents to release all the retiral benefits including revised pension and 2^nd ACP which became due in the year 2015 along with interest @ 18% p.a. on the delayed payments of retiral benefits in compliance to the Full Bench decision of this Court rendered in A.S. Randhawa Vs. State of Punjab and others, 1997(3) SCT 468 She has further prayed for directing the respondents to decide or drop the charge sheet dated 07.12.2018 (Annexure P21) as pension papers have been issued on 03.10.2019/31.10.2019 (Annexure P27 and P28, respectively) but monetary benefits only remain to be released.

(2). The petitioner had joined the Health Department as Staff Nurse on ad hoc basis on 07.07.1983 and thereafter she applied for the post of Staff Nurse on regular basis with the Subordinate Services Selection Board Haryana under General category. She stood selected and as such appointment letter dated 09.07.1986 was issued to her. The petitioner applied for the post of PHN with the SSSB, Haryana through proper channel under SC category and there also, she was selected and she joined as PHN under SC category on 22.11.1995. Although a charge-sheet dated 07.12.2018 (Annexure 21) was issued to the petitioner, alleging that she had procured an incorrect SC certificate from the SDO, Charkhi Dadri on 25.11.1985 on the strength of which she secured regular appointment, despite actually belonging to the Arora caste this charge-sheet remains pending.

(3). The petitioner applied for casual leaves on 12.12.2009, 14.12.2009 to 16.12.2009 which was verbally denied by the Senior Medical Officer, Civil Hospital Mandikhera and vide letter dated 07.01.2010, the petitioner was directed to rejoin her duty. The petitioner did not join and sought extension of her leave via telegram. Repeated directives from both the Senior Medical Officer and Civil Surgeon were issued directing the petitioner to join her duty followed by a charge-sheeted dated 20.08.2010 under Rule 7 of the Haryana Civil Services (Punishment & Appeal) Rules, 1987. She submitted her reply on 17.09.2010, which was found unsatisfactory. A departmental enquiry headed by Dr. Kamal Mehra, Dy. Civil Surgeon, Mewat, was conducted and as per the enquiry report dated 06.07.2016, it was acknowledged that the petitioner remained absent from duty and owing to her serious medical conditions, she was hospitalised from 19.08.2009 to 21.08.2009 at Paras Hospital, Gurgaon, and thereafter received outpatient treatment from Singal Nursing Home & Trauma Centre, Hodal (Palwal) between 12.12.2009 and 21.07.2011 though she never claimed medical reimbursement for the alleged treatments.

(4). Notwithstanding that, the competent authority passed an order on 09.11.2016/03.02.2017 (Annexure P8), imposing the penalty of stoppage of two increments with cumulative effect and treating her period of absence as leave of kind due and vide order dated 19/20.09.2017 (Annexure P8/1), 2 increments were stopped from 01.07.2017 and 01.07.2018. Hence this writ petition.

(5). Learned counsel for the petitioner contends that in the enquiry ordered by the respondents themselves, the Enquiry Officer vide report dated 06.07.2016 (Annexure P7) after considering the facts, medical report