High Court of Punjab and HaryanaCWP/20173/2018allowed

Kanwaljit Singh v. State Of Punjab And ORS

2023-04-24Mr. Justice Jasgurpreet Singh Puri31 pages

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.4+.44 However, the instructions only state that fee is not to be charged from the students upto 8th Class, but the charges which were framed against the petitioner even at Sr. Nos.1 & 2 were never proved, although in the concluding part of the inquiry report, the Inquiry Officer has stated that they stand proved and the concluding part of the inquiry report was totally contrary to the record and the order itself. When the punishing authority was to exercise its discretion and its power, then a perusal of the punishment order would show that even the punishing authority did not exercise its power in a legal and lawful manner and in accordance with Rules.

A perusal of the impugned order would show that the history of facts has been so stated in the order and in the last concluding para, the punishment has been inflicted for 5% cut on pension for five years. No doubt the punishing authority has the power to exercise his power under any law, but here is a case where the exercise of power was totally bad in law. There is nothing in the order passed by the punishing authority to even remotely suggest that the petitioner is guilty of grave misconduct or even misconduct. Neither the inquiry report nor the punishment order suggest proving of any misconduct or grave misconduct.

.* State. On the top of it, the respondent Nos.5 & 6 have been only censured whereas they were the persons in whose tenure, prior to the joining of the petitioner, the Resolutions were passed and they started collecting money from the students. Therefore, even the action of the respondent No.1 was discriminatory in nature.

20.

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Therefore, this Court is of the view that it is a settled law that

<4 pension and pensionary benefits are Constitutional Rights guaranteed under Article 300-A of the Constitution of India. Article 300-A provides for Right to Property that no body can be divested of Right to Property except with the authority of law. The Hon'ble Supreme Court i A)*

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$ ;#%8G $)&43('$) .= In the present case, there had been a wholesale violation of Rule 2.2 of the Punjab Civil Services Rules, Volume-II. Whenever an Officer is to

< exercise his power either on the administrative side or as a quasi judicial power, then he has to exercise his power in a diligent manner and adhering to the Rules which are applicable. The Rules specifically provide that the twin conditions of pecuniary loss to the Government and grave misconduct or negligence are to be established whereas in the present case there is not even a reference made by the punishing authority in the impugned order with regard to the same nor the same has been proved in the inquiry report. Therefore, the impugned order Annexure P-17 is absolutely illegal, perverse, arbitrary and discriminatory.

25.

Consequently, the present petition is allowed. The impugned order dated 25.05.2018 (Annexure P-17) is hereby set aside. The respondentState is directed to refund the amount already recovered from the petitioner along with interest @ 6% p.a. from the date of deduction till the date of disbursal. The aforesaid calculation be made forthwith and payment be made to the petitioner within a period of three months from today. 1 #

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+9 26.

In view of the aforesaid peculiar facts and circumstances, this Court is of the view that the petitioner is also entitled for costs which are assessed at Rs.25,000/-, which shall be paid to the petitioner within the aforesaid period of three months.

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