IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11880 of 2006(O&M) Date of Decision: 29.1.2008 Ramesh Kumar Petitioner Versus State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Shri S.K.Verma, Advocate for the petitioner Shri Harish Rathee, Sr. D.A.G. Haryana for the respondents Jasbir Singh, J. (Oral) C.M. No.1247 of 2008 In view of averments made in this application, which is supported by an affidavit, it is allowed, order dated 17.2.2008 is recalled and CWP No.11880 of 2006 is restored to its original number. On request made by counsel for the petitioner, the writ petition is taken up on board, for hearing today itself. CWP No.11880 of 2006 The petitioner was serving as Process Server in the Special Environmental Court at Kurukshetra. On noticing false reports made by him, on the summons and also his absence from duty, show cause notice was issued to him indicating the following charges:- “1. That Ramesh Kumar Process Server (u/s) working in Special Environment Court, Kurukshetra makes false report on Civil Writ Petition No.11880 of 2006(O&M) summons and he did not return these summons served or unserved. 2. He remained absent from duty without information since long period and not submitted any leave application and he has not submitted any reply to the explanation. 3. Insincerity and lack or devotion of duty.” On receipt of reply, it was found unsatisfactory and accordingly, departmental enquiry was instituted against him. During enquiry, he was granted fullest opportunity to disprove the charges against him. He failed to do so. Enquiry officer came to a conclusion that he was guilty of making false reports on the summons. This fact is apparent from reading of findings given by the enquiry officer at pages 26 to 29 of the paper book. It was further noticed by the enquiry officer that the petitioner remained absent from duty, on many dates, without any intimation to the department. It was concluded that he had acted in a negligent manner in the discharge of his duties. On receipt of enquiry report, second show cause notice was given to the petitioner (copy of the enquiry report was also supplied), to show, as to why major punishment be not inflicted upon him. After giving ample opportunity of hearing, the punishing authority passed order (Annexure P/6) on 15.9.2004, ordering his removal from service. It is apparent from reading of above said order that before the punishing authority, the petitioner virtually admitted his guilt, pleaded that he be given a chance and in future he will not repeat the mistake, which he has committed earlier. Similar plea was taken before the appellate authority. We feel that the finding given by both the Courts below are perfectly justified and are based on record. Reading of the report of the enquiry 2 Civil Writ Petition No.11880 of 2006(O&M) officer makes it very clear that the petitioner was guilty of making false reports on the summons and further he failed to return summons in time. He also remained absent from duty many a times. No case is made out for interference. Dismissed. (Jasbir Singh) Judge January 29, 2008 (Jaswant Singh) gk Judge 3