YASHVIR KUMAR Vs. STATE OF PUNJAB
LAWS(P&H)-2009-1-198
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 12,2009

Yashvir Kumar Appellant
VERSUS
State of Punjab and Ors. Respondents

JUDGEMENT

Permod Kohli, J. - (1.)INSTEAD of deciding the stay application, with the consent of the learned Counsel for the parties, the main writ petition itself is taken on board for final disposal.
(2.)I have heard the learned Counsel for the parties at length and perused the record of the case.
The Petitioner is aggrieved of his termination from service, - - vide order dated 24th September, 2005 (Annexure P -13) as also the order passed by the Presiding Officer, State Schools Tribunal, Punjab, Chandigarh, dated 6th September, 2005 (Annexure P -12) whereby the appeal of Respondent No. 4 has been accepted, against the order of the DPI(S), Punjab dated 17th December, 2004 (Annexure P -ll).

(3.)BRIEFLY stated, the facts of the case, as emerge from the record, are that the Petitioner was serving as PT Teacher and was posted in the Respondent No. 4 School at Ropar. He was served with a charge -sheet dated 9th/25th November, 2002 (Annexure P -l) on the basis of certain allegations of misconduct. Reply was called from him. The Petitioner responded to the charge -sheet. The competent authority on consideration of the reply, rejected the same. It may be relevant to notice that even before the reply could be filed by the Petitioner, enquiry had already been initiated into the charges against the Petitioner in the year 2002. The Enquiry Officer on the same date i.e. 6th May, 2003 completed the enquiry report and submitted the same to the Disciplinary Authority. The Disciplinary Authority, i.e. Respondent No. 4, forwarded the enquiry report with recommendation to the DPI (S), Punjab, proposing dismissal of the Petitioner from service. The DPI Punjab, - -vide his order dated 17th December, 2004 (Annexure P -11), rejected the proposal of the school for dismissal of the Petitioner from service.


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