High Court of Punjab and HaryanaCWP/3999/2016disposed of

Rajesh Kumar v. State Of Haryana And ORS

2016-02-29Mrs. Justice Raj Rahul Garg2 pages

CWP No. 3999 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 3999 of 2016 Date of Decision:- 29.02.2016 Rajesh Kumar ....Petitioner

Versus

State of Haryana and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Anurag Goyal, Advocate, for the petitioner.

**** RITU BAHRI, J. (Oral) Petitioner is seeking quashing of show-cause notice dated 09.03.2015 (Annexure P-18), culminating into order of punishment dated 08.06.2015 (Annexure P-20), vide which major punishment of stoppage of three annual increments with cumulative effect has been imposed upon him.

Learned counsel for the petitioner has argued that the petitioner was working as TGT, Hindi Teacher. He was suspended, vide suspension order dated 10.07.2013 (Annexure P-14) and thereafter he was reinstated in service. Further the petitioner had received charge-sheet dated 28.01.2014 (Annexure P-17) and a major punishment of stoppage of three annual increments with cumulative effective was imposed upon the petitioner, vide order dated 08.06.2015 (Annexure P-20) by the District Elementary Officer, Kurukshetra (respondent No.2). NARESH KUMAR 2016.03.10 15:31 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 3999 of 2016 -2It has been further argued that the petitioner has filed an appeal against the said order on the ground that as per Rule 14(1) Appendix (C) of Haryana School Education (Group C) State Cadre Service Rules, 2012, notified on 11th April, 2012, the Additional Director (Admn.) is the punishing authority for imposing of any major penalty. However, in the present case, the penalty has been imposed by the District Elementary Officer, which is beyond his jurisdiction and power under the Rules. The appeal filed by the petitioner is still pending for consideration before the appellate authority i.e. Director General, Department of Elementary Education, Haryana (respondent No.5) and no decision has been taken thereon.

In view of above facts, the present writ petition petition is disposed of with the direction to respondent No.5, to conclude the proceedings in the appeal filed by the petitioner, in accordance with law, within a period of three months.

February 29, 2016 ( RITU BAHRI ) naresh.k JUDGE NARESH KUMAR 2016.03.10 15:31 I attest to the accuracy and integrity of this document Chandigarh