CWP No631 v. Pet it ioner

proceedt o exam ine onlyt he first t wo chargesnam elyof securingpass books and chequebooks and t hreat s and duress and t hat t he allegat ions t hat he had been rem ainingabsent aft er 52004 had been est ablished or I V From t he st aqe of charqe sheet t ill order of rem oval no enquirv was conduct edl 5 There is no denial of t he fact t hat aft er an enquiry officer had been appoint edwhen aft er t he chargesheet was served no enquiryhad been conduct ed I t is also an adm it t ed fact t hat aft er an I nspect orSewa Singh was appoint edas an enquiryofficer he held an enquiryand gave reportt o t he Assist ant Regist rart hat none of t he charges had been provedagainsthim The Assist ant Regist rardiHered from t he reportand had appoint edyetanot her I nspect orJagt arSingh as an enquiry Officer and called for a repon from him I t appears t hat second enquiry officer Jagt arSinghhad givena reporton 11 004 findingt he pet it ioner 1 r 0 0 I 0 Z 0 I 08 4r 2 Z Om guilt y of t he charges even wit hout affordingt o t he pet it ionerany opport unit yof personalhearingand wit hout producingany evidence Suresh Kum ar 2014.03.05 10: 23 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document lviJ 92 0 1 CWP N 2631 of 2009 4 againstt he pet it ionerregardingt he allegedm isconduct The enquiry oft lcer was report edt o have sent t he det ails of t he repont o t he Managing Com m it t ee which had t aken a decision in a m eet ingon 9 112005 regardingt he fact t hat t he pet it ionerhad been keptunder suspensionfrom 16 12004 and when a show cause not ice had been givenagainstt he reportof t he enquiryofficer he had givenreplybut it was not sat isfact ory Under such circum st ances t he ManagingCom m it t ee had decided t o t erm inat e t he services t o which t he Joint Regist rarPat iala had given approvalby his dat ed 141 12005 6 I t could be not iced from t he beginningt o t he culm inat ion of t he order of dism issal by t he ManagingCom m it t ee t here had been no at t em ptby t he Societ yt o I et t he pet it ionerpart icipat ein t he enquiryand prove t he chargesagainsthim While t he Orst I nspect orwho had been appoint edas an enquiryoffice had found t hat t here were no m at erials for t he chargest he second om cer who had been appoint edby t he Assist ant Regist rarhad found t he pet it ionerguilt ywit hout any form of evidence The reportof t he enquiryom cer it selfis not puton record but t he resolut ion of t he ManagingCom m it t ee dat ed C11 2005 refers t o t he fact t hat enquiryreporthad been subm it t edby t he I nspect orJagt arSinghand wit hout even disclosinghow t he chargeshad been est ablished or even discussingt he obj ect ionsst at ed by t he pet it ionerit had m erelyobserved t hat t he explanat ionwas not and t herefore t he pet it ionerwas I iablefor rem oval V 7 Mode of disposal bv Appellat e Aut horit v undesirablOiRevisionalAut horit v direct s de novo enquirv 1 The m anner of disposalby t he Appellat eAut horit y Deput yRegist rarwas I t st at es I aconicallyt hat t he ex r 0 0 I C9 I Z r 2 Ct I 08 ClO Z 3 I l Secret aryhad com m it t ed em bezzlem ent of several I akhs of rupees and Suresh Kum ar 2014.03.05 10: 23 Scanned True Copy of Original PHHC,Chandigarh t he pet it ionerhad cooperat edwit h him in t he em bezzlem ent What form of JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document I 1 Q 0 C3 I C5 I Z 7 I 06 ClO m Z 93 12 CWP Noe2631 of 2009 5 cooperat ionwas rendered by him or how t here had been connivance conspiracyfor such em bezzlem ent was not cit ed anywherein t hat order The fact t hat t here was no enquirybefore t he enquiryom cer Jagt arSingh t hat no had been givent o defend him self and t hat no wit nesses had been broughtby t he Societ yt o prove t he chargeswere all set fort h in t he order of t he Joint Regist rarwhen he was dealingas a 1VI SI On officer ent ert ainingt he case againstt he decision of t he Managing Com m it t ee and t he Deput yRegist rarI t was t lnder t hose circum st ances t hat t he Revisional Aut horit ypassedan order on 302007 inclinedt o concur wit h t he cont ent ionsof t he pet it ionert hat t here had been t hat he was a gross violat ion of st at ut oryrules which providedint er alia under RuI e 14 of t he Punj abSt at e Cooperat iveAgricult uralService Societ ies Rules of 1997 t hat t he enquirycould be conduct ed only aft er giving a due opport unit yt o t he delinquentand t he Present ingOHicer provingt he chargesby placingappropriat eevidence The Revisional aut horit ynam ely Joint Regist rarwas furt herconst rained under such circum st ancest o order a de novo enquiry Vl Furt her revision t o Secret aryt o Governm ent can not result in graver result of challengebySociet yl in t he absence 8 While t he pet it ionerhas m erelyreferred t o filinga furt her revision t o t he Secret aryCooperat ionunder Sect ion 69 t he respondentplacedon record t he reportallegedt o have been preparedby t he Assist ant Regist raron 2l l 007 concurringwit h t he findingof guiltby t he second I nspect orThis enquiryrepondat ed 267112007 is st rangein m ore ways t han one I n t he order of t he Joint Regist rardat ed 302007 apai1from st at ingt hat a de novo enquirywas t o be conduct ed and all t he disciplinaryproceedingswould be conduct ed wit hin t hree m ont hs he had him self not set out as t o how t he enquiryshould be conduct ed I f t here Suresh Kum ar 2014.03.05 10: 23 Scanned True Copy of Original PHHC,Chandigarh was a de novo t o t he first aut horit ynam elyt he Assist ant Regist rart hen it is JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 11 94 0 T t CWP No631 of 2009 6 seen how he got t he enquirygoingwit hout invit ingt he pet it ionert o part icipat ein t he proceedingsThe enquiryreportreveals t hat when a not icehad been issued t o t he pet it ionerfor appearance on 1L1 12007 he had givena st at em ent t hat he had preferreda revisionunder Sect ion 69 of t he Punj ab Bank t o t he Secret aryCooperat ionPunj aband t hatt herefore he shall not be in a posit iont o j oinwit h t he enquiry At t hat 1 st aget he Assist ant Regist rarshould have eit her st ayedhis own or he oughtt o have t aken inst ruct ions from t he Secret ary he could cont inue wit h t he enquiryalt houghrevision had been before him The enquiryreponof t he Assist ant Regist rarreveals 0 Cao whet her I CAO t hat on a fut lher dat e on 21 12007 t he Secret aryof t he Societ yhad Z m 2 I 06 7 Z I l com e presentalongwit h records of t he Societ ybut t he pet it ionerwas not present I t is not seen from t he enquiryreportwhet her t he dat e of hearing had been inform ed t o t he pet it ionerAssum ingt hat t he pet it ionerhad known it could only be underst ood from his st at em ent at hearingon 14112007 t hat since he was pursuinga funher revisional t he previous before t he Secret ary he had not com e presentbefore t he Assist ant Regist rarNo order set t ingt he pet it ionereoart e appears t o have been passed The Assist ant Regist rarappears t o have exam ined several wit nesses nam elySlSh3ant a Singh Niku Ram Ram Nat h and ot herst o st at e t hatt he pet it ionerhad visit ed t hem at t heir residences and collect edt he pass books and chequebooks under t hreat s and ent ered false ent ries as t houghI oans had been givent o t hem The whole had gone in t he absence of t he pet it ioner I f t he Assist ant Regist rarhad givena reporton 26112007 t hat he was confirm ingt he decisionof t he first enquiryofficer t he decision t o t erm inat e t he services it selfcould em anat e only from t he ManagingCom m it t ee The Assist ant him self had no power t o t erm inat et he set vices Even t he enquiry Suresh Kum ar 2014.03.05 10: 23 Scanned True Copy of Original PHHC,Chandigarh repoi1dat ed 261 1 007 does not spellout any punishm entand t he report lvL JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1 C 0 0 I C5 I Z C 1 08 3 Z 95 SPO CWP No631 of 2009 7 of t he Assist ant Regist rarm ust be t aken as a result of a direct ion by t he Joint Regist rarin his order in revision dat ed 30 2 007 for a de novo enquiry all t he previousorders would only be seen havingbeen set aside and a fresh process of disciplinary should be deem ed t o have begun Vll Sim ult aneous decision of Assist ant Reqist rar when Secret arvt o St at e was also in seisin I S unt enable 9 I f t he enquiry reporlof t he Assist ant Regist rar it self cannot be t aken as any punishm entt hen t he issue is whet her t he 1 Secret aryPunj abGovernm ent could have passedan order on 82008 set t ingaside t he order of t he Joint Regist raron 372007 and rest oredt he order of rem oval affirm ed by t he Deput yRegist rar The order of t he Joint Regist rarhad not been challengedbyt he Societ yit self Onlyt he pet it ioner had challengedit before t he Secret aryand a decision by t he Secret ary could have t herefore been eit her t o affirm t he decision of Regist rar t he Joint in which case t he enquiryshould have proceededfuit her de novo or he could have it set aside I f t he order of t he Joint Regist rarhad beenset aside t he cont ent ionof t he pet it ionert hat t here was no scope for a t hird enquirywhen t wo enquirieshad alreadybeen const it ut edm ust have been accept ed The first enquiryrevealed t hat no chargeshad been est ablished and t he second enquirywhich had given a reportwit hout recordingany evidence or givingany opport unit yt o t he pet it ionert o explain his defence or securingany proofof guiltof t he pet it ionerAn appellantor a revislon peUUonercannot be in a worse off sit uat ionchallengingan order dat ed 3012007 and be rest ored t o t he sit uat ionof his guiltas havingbeen est ablished when t he Joint Regist rarhad originallyheld t hat t here was properenquiryat aii I t does not seem how t he Secret aryfound t hat t he enquiryhad been properlyconduct ed and t hat he had upheld t he Suresh Kum ar 2014.03.05 10: 23 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document l4 1 0 0 I 0 I Z m Q I 06 02 e Z Qm 96 r 1 CWP No631 of 2009 8 Vlll Present Disposit ionl 10 The order of t he Secret arydat ed 82008 cannot st and for j udicialscrut inyand it is bound t o be quashedI f t he order of t he Secret aryCooperat ioncannot be upheldt he report of t he Assist ant Regist rardat ed 21 1 007 cannot also be support edfor t he whole have gone on unabat ed even when t here was a revision pendingbefore t he Secret aryThe wit nesses have been exam ined wit hout givingany opponunit yt o t he pet it ionert o cross exam ine t hem The pet it ionercould have been surelym isled int o believingt hat t he pendencyof t he revision before t he Secret arywould not m ake possiblean enquiry t he enquiryom cer before t he Assist ant Regist raralso The order of Assist ant Regist rarlwas not even carried t o it s I ogicalend and t ill dat e t here appears t o be no order pursuantt o t he So called de novo enquiry undert akenby t he Assist ant Regist rarThe order of t he Assist ant Regist rar dat ed261 12007 is also set aside The pet it ionerhad been keptout of set vice from t he dat e of his suspensionon 161 2004There is no valid order of t erm inat ionand t he pet it ioneris ent it ledt o be reinst at ed inservI CS I t is seen from t he records t hat not even subsist ence allowance was given duringt he period of suspensiont ill he was purport edt o have been t erm inat ed from service on 911 2005 by t he decision of t he Managing Com m it t ee The pet it ionershall be paid his full wages and reinst at ed in service 11 The respondent sare at I ibeI lyt o begint he enquiry afresh in t he m anner direct ed by t he Joint Regist rarin his order dat ed 302007 wit hin a periodof t wo m ont hs but it shall not com m ence wit hout payingt he pet it ionerhis full back wages for t he ent ire periodwhen he has been keptout of em ploym entThe pet it ionershall have full and adequat e opport unit yt o cross exam ine t he wit nesses The pet it ionershall also be Suresh Kum ar 2014.03.05 10: 23 Scanned True Copy of Original PHHC,Chandigarh paidhis fuil wages t ill t he conclusion of enquiryand a Onal decision is t aken JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 97 CWP No631 of 2009 9 byt he aut horit y 12 The writ pet it ionis allowed wit h t he above direct ions The pet it ioneris also ent it led t o cost s assessed at Rsl O0001 againstt he respondent s 19 2010 archana K KANNANI JUDGE 0651 1 1 Ct 0 I 9 I e Z C I 08 Q0 e Z Suresh Kum ar 2014.03.05 10: 23 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document