High Court Punjab-Haryana High Court

State Of Haryana And Others vs Amar Singh on 26 September, 2008

Punjab-Haryana High Court
State Of Haryana And Others vs Amar Singh on 26 September, 2008
Regular Second Appeal No. 2702 of 2008                     -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH




                            Regular Second Appeal No. 2702 of 2008

                            Date of Order: 26.09.2008

State of Haryana and others
                                                               ...Appellants

                                  Versus


Amar Singh
                                                               ..Respondent

CORAM: HON’BLE MR. JUSTICE RAJIVE BHALLA

Present: Mr. Ajay Chaudhary, DAG, Haryana
for the appellants.

RAJIVE BHALLA, J (Oral).

The State of Haryana, challenges judgments and decrees

passed by the Civil Judge (Junior Division), Karnal, dated 03.10.2007 and

the Additional District Judge, Karnal, dated 23.01.2008, decreeing the suit

of the respondent and dismissing their appeal, respectively.

The plaintiff-respondent, while working as a Forest Guard was

compulsorily retired from service on 10.07.1998. He was served with a

charge-sheet under Rule 7 of the Punishment and Appeal Rules for the

shortage of 424 trees. Eventually a recovery of Rs.3,24,025/- was ordered.

The plaintiff-respondent, filed a suit, challenging the enquiry proceedings

as also the order of punishment. The learned trial Court, found as a matter

of fact that the enquiry, though exparte was conducted in gross violation of

the provisions of Rule 7 and consequently decreed the suit and quashed

the order of punishment.

Aggrieved by the said judgment and decree, the appellants filed

an appeal, which was dismissed by the first appellate Court on 23.01.2008.

Counsel for the appellants submits that as the respondent was
Regular Second Appeal No. 2702 of 2008 -2-

proceeded against ex-parte. The Enquiry Officer rightly held him guilty and

the punishing authority thereafter was justified in directing recovery of

Rs.3,24,025/-. It is submitted that minor infraction in the procedure

adopted by the Enquiry Officer, should have been overlooked by the courts

below and, therefore, the enquiry and the order of punishment should have

been upheld.

I have heard counsel for the parties and perused the impugned

judgments.

As held by the courts below, though the respondent was

proceeded against ex-parte, the enquiry office proceeded without recording

any evidence, summoning any witness in support of the documents

appended with the charge-sheet, and without recording any reasons,

submitted his report. In order to place the above conclusions in their

correct perspective, a relevant extract from the judgment of the first

appellate Court would be appropriate:-

“18. A combined reading of the statement of PW1 and DW2

would make it crystal clear that while conducting the enquiry

against the respondent under Rule 7, no witness as mentioned

in the list of witnesses appended with the charge sheet

examined not the prosecutor Karam Chand, who was

supposed to produce the documents, was called upon to

produce the same. The enquiry report Ex.D13 is silent as to

which document was relied upon and who proved the same to

be genuine and authenticated as rightly observed by the

learned lower court, even if the respondent was proceeded

against ex-parte, it never mean that the formal proof of the

document was to be dispensed with. There is a settled

proposition of law that the procedure established by Rule 7

cannot be curtailed in any manner, either the delinquent was
Regular Second Appeal No. 2702 of 2008 -3-

contesting the charges of he was ex-parte.

19. After concluding that the established procedure as

contemplated under Rule 7 was not followed, the contention

of learned Govt. Pleader for the appellants that since the order

passed was covered under the category of minor penalties,

there was no requirement to adopt the complete procedure as

contemplated under Rule 7. This contention of learned Govt.

Pleader for the appellants is unable to cut much ice in view of

the settled proposition of law and the observations made in the

case law titled as Dr.K.G.Tiwari v. State of Haryana 2003 (1)

Labour and Services Judicial Reports, page 229 (P&H). It

is an Full Bench authoritative pronouncement of our Hon’ble

High Court and according to this, once a charge sheet has

been issued under Rule 7 of the imposition of a major penalty,

the disciplinary authority cannot inflict even a minor

punishment without holding a complete departmental enquiry.”

It is, therefore, apparent from the the above extract that the

enquiry was conducted in flagrant violation of the rules. The learned courts

below, therefore, had no option but to conclude that the enquiry as also the

order of punishment were void. Concurrent findings of fact recorded by the

courts below do not suffer from any error as would give rise to a substantial

question of law.

No merit, dismissed.

September 26, 2008                                     (RAJIVE BHALLA)
nt                                                         JUDGE