CWP No. 2779 of 2014 (O&M). Case: Major Singh Sandhu Vs State of Punjab and Ors.. High Court of Punjab (India)

Case NumberCWP No. 2779 of 2014 (O&M)
CounselFor Appellant: Harinder Sharma, Advocate and For Respondents: T.N. Sarup, Addl. A.G.
JudgesKuldip Singh, J.
IssueService Law
Judgement DateFebruary 01, 2017
CourtHigh Court of Punjab (India)


Kuldip Singh, J.

  1. The petitioner, who retired as District Education Officer (DEO) from District Moga, has sought writ of certiorari for quashing the inquiry report dated 15.11.2011 (Annexure P-6), the order of punishment dated 22.10.2012 (Annexure P-7) and the order passed in review application dated 22.01.2013 (Annexure P-9) being violative of Punjab Civil Services (Punishment and Appeal) Rules 1970. He also claims that the deduction made from the pension of the petitioner, in pursuant to the said order be refunded to him along with interest @ 12% per annum.

  2. The petitioner started his service career as Social Studies Master in the Education Department of the Government of Punjab on 08.10.1975. He was promoted as Head Master on 06.10.1989 and was promoted to the cadre of Punjab Education Services (PES) Officer in the School and Inspection Cadre on 14.12.1996 and was posted as DEO. He superannuated on 13.12.2009. The petitioner claims that throughout his service career, the petitioner performed his duties with full dedication and to the entire satisfaction of his superiors. However, towards the end of his service career, the then Director General School Education, Punjab-cum-State Project Director, Sarv Sikhiya Abhiyan Authority Punjab, Shri Krishan Kumar, I.A.S., who was also holding the post of Special Secretary in the Department of School Education of the Government of Punjab, involved the petitioner by framing frivolous charge-sheet against the petitioner in a bid to spoil his service career. It is stated that vide order dated 14.05.2009 (Annexure P-1), a Committee was constituted by the Director General School Education, Punjab, headed by Shri Avtar Singh, the then Deputy State Project Director (Admn.) (SPD)(A) and four other Members to visit the District Moga and make comprehensive report and point out if there are any embezzlement and procedural irregularities in utilization of funds. Shri Amit Mahajan, Assistant Manager (Internal Audit) submitted the report (Annexure P-2) pointing out certain discrepancies and irregularities in the office of DEO of District Moga.

  3. Petitioner claims that at the time of visit of the said Committee, he was not present at Moga. In pursuant to the said report (Annexure P-2), a charge sheet dated 10.06.2009 (Annexure P-3), i.e. before the retirement of the petitioner, was issued to him under Rule 8 of the Punjab Civil Services Rules (Punishment and Appeal), 1970. The inquiry was entrusted to Shri J.P.S. Puri, I.A.S. (Retd.). After the retirement of the petitioner, the Inquiry Officer submitted the report on 15.10.2011 (Annexure P-5), whereby he was held guilty of the charges Nos. 1, 3 and 6 to 10. Thereafter, a show cause notice was issued to the petitioner, in which the Secretary to the Government of Punjab, vide impugned order dated 22.10.2012 (Annexure P-7) held that the petitioner has been able to give satisfactory explanation regarding charges Nos. 6, 8 and 10 but he could not give any explanation regarding charge...

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