Civil Writ Petition No.20371 of 2008 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Prem Pal PETITIONER VERSUS State of Haryana and others RESPONDENTS CORAM : HON'BLE MR.JUSTICE MEHTAB S.GILL HON'BLE MR.JUSTICE K.KANNAN Present:- Shri Krishan Singh, Advocate for the petitioner. MEHTAB S.GILL, J. Petitioner has prayed for the issuance of a writ in the nature of certiorari for quashing the termination order dated 22.8.2008 (Annexure P-13) and further, to reinstate the petitioner with full back wages. Learned counsel for the petitioner has argued that the petitioner was appointed on the post of Conductor on 24.1.1990. A charge sheet dated 25.5.2000 was served on the petitioner under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987 (hereinafter called the Rules). Civil Writ Petition No.20371 of 2008 -2- A departmental enquiry was held, wherein the petitioner was found guilty and a notice, Annexure P-4 was given as to why he should not be dismissed and suspension period restricted to the subsistence allowance. An opportunity of hearing was given to the petitioner. Against the order of dismissal passed by the General Manager, petitioner filed an appeal before the Transport Commissioner, Haryana which was dismissed vide order dated Anneuxre P-8 as he was not the competent authority to hear the appeal. Petitioner filed C.W.P. No.8661 of 2003 in this Court. Respondent-State agreed to reconsider the matter of the petitioner. Petitioner was thereafter called and given a personal hearing and he denied that he had embezzled Rs.5567/-. After hearing the petitioner in person and taking the relevant record into consideration, again the petitioner's appeal was dismissed. We have heard the learned counsel for the parties and perused the writ petition and the annexures attached thereto. A perusal of the service record of the petitioner which has been given in the impugned order dated 22.8.2008 (Annexure P-13), there is stoppage of annual increment of the petitioner seven times, fine has been imposed eight times, warning has been given nine times, he has been censured seven times. He has been suspended eleven times and finally his services have been terminated. All these penalties are before 12.5.2000. He did not make any representation or appeal against these punishments. The General Manager, Haryana State Transport, Yamuna Nagar has rightly held that the petitioner by not challenging these punishments has confessed to the embezzlements which have been mentioned in the impugned order. He has been found guilty of re- Civil Writ Petition No.20371 of 2008 -3- selling old tickets worth Rs.5567/-. He has been continuously committing fraud and embezzling public money of the Department. Learned counsel for the petitioner has stated that petitioner has not been given any suspension allowance during the period of his suspension. Respondent authorities are directed to look into the case of the petitioner as to whether he was entitled to suspension allowance. If he was entitled to the suspension allowance, the amount due to him then should be paid to the petitioner. We do not find any infirmity in the impugned order dated 22.8.2008 (Annexure P-13). Petition is dismissed. ( MEHTAB S.GILL ) JUDGE ( K.KANNAN ) December 3, 2008 JUDGE GD