O R D E R

This writ petition has been filed by petitioner-

Khem Raj, who is working as Bus Conductor with the respondents-Himachal Road Transport Corporation (HRTC), with a prayer that the respondents be directed to decide all the disputes pending against him, within the stipulated time. Another prayer that has been made is that this Court may issue Writ of Certiorari to quash the proceedings, charge sheets and enquiries under Rules 14 and 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [in short 8CCS(CCA)Rules9] and prayed that the respondents be directed to promote the petitioner retrospectively with all consequential benefits.

2. The respondents have filed reply to the writ petition, in which, they have contended that delay in finalizing the disputes against the petitioner is taking place due to non-cooperation by the petitioner. In Annexure R-2 filed alongwith the reply, what is contended is that total of eight charge sheets were served upon the petitioner, out of which two are under Rule 14 and remaining six are under Rule 16 of the CCS (CCA) Rules, for imposing penalty. In respect of two charge memos, which are under Rule 14 of the CCS(CCA) Rules, what has been stated in the aforesaid charge sheets is that the petitioner has confessed to the allegations and that the Disciplinary Authority has served show cause notices upon him for imposing a major penalty.

3. Annexure R-2 also indicates that out of six charge memos issued to the petitioner, under Rule 16 of the CCS(CCA) Rules, he has not filed reply in five. The learned counsel for the petitioner has submitted that the petitioner shall now file reply to show cause notices in two charge memos for major penalty mentioned at Sr. Nos.7 and 8 of the aforesaid charge sheets and reply to the charge memos issued to the petitioner under Rule 16 of the CCS(CCA) Rules mentioned at Sr. Nos.2 to 6 in the aforementioned charge sheets, within four weeks. If any such reply is filed by the petitioner, the respondents shall proceed to finalize and decide the disciplinary proceedings and pass final order within three weeks from the date of filing of reply.

4. As regards the disciplinary proceedings under Rule 16 of the CCS(CCA) Rules, referred at Sr. No.1 of the aforesaid charge sheets, it is contended that the reply has been received of the charge memo dated 24.07.2013. It is mentioned therein that the reply has been received on 30.07.2013 and the same is under consideration and that the petitioner was directed to appear for personal hearing before the Disciplinary Authority, but he failed to attend the office till date. Under these circumstances, the respondents shall serve the petitioner with fresh notice for his appearance before the Competent Authority on a particular date, within next fifteen days, on which date, final decision shall be taken by the Disciplinary Authority on the charge memo issued under Rule 16 of the CCS(CCA) Rules.

5. With the aforesaid directions, the writ petition is disposed of accordingly, so also pending miscellaneous application(s), if any.

(Mohammad Rafiq)

Chief Justice (Jyotsna Rewal Dua)

January 06, 2022 Judge (Bhardwaj/PK)