Dharambir Singh v. State Of Haryana And ORS.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Letters Patent Appeal No.1433 of 2016 (O&M) Date of Decision: October 21, 2016 Dharambir Singh ......Appellant versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

*** Present: Mr.Yesh Pall Malik, Advocate, for the appellant. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J . (Oral) The appellant is an Electrician in the Haryana Roadways Department. He was subjected to disciplinary action alleging serious misconduct and causing indiscipline. Enquiry was held; charges were proved and after applying the principles of natural justice, the appellant was ordered to be compulsorily retired from service. Unfortunately, the Appellate Authority in the department, out of misplaced sympathy, took a lenient view and brought him back in service by reducing his minimum of the pay-scale for a period of two years. Owing to the nature of mis-conduct of the appellant, the punishment was too mild. The appellant, however, still tried his luck and challenged that order but his writ petition has been dismissed by learned Single Judge vide the order under appeal.

After hearing learned counsel for the appellant and going through the record, we are satisfied that the punishment awarded to the appellant is much less than the adequate penalty which ought to have been

LPA No.1433 of 2016 (O&M) [2] imposed upon him.

No case to interfere with the order passed by learned Single Judge is made out.

Dismissed.

[SURYA KANT] JUDGE October 21, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No

LPA No.1433 of 2016 (O&M) [3] CM No.2991 of 2016 in LPA No.1433 of 2016 - - - Dharambir Singh versus State of Haryana and others ---- Present :

Mr.Yesh Paul Malik, Advocate, for the applicant-appellant.

* * * For the reasons mentioned in the application, the same is allowed subject to all just exceptions and 35 days in re-filing the appeal is condoned.

CM stands disposed of.

(SURYA KANT) JUDGE October 21, 2016 (SUDIP AHLUWALIA) mohinder JUDGE