IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 18126 of 2009 Date of Decision: 10.2.2010. Dr. Anita Sethi --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Abhishek Sethi, Advocate for the petitioner. Mr. R.K.S. Brar, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) Vide order dated 9.10.2009 (Annexure P-4) the disciplinary authority i.e the Financial Commissioner & Principal Secretary to Govt. Haryana, Health Department has imposed a penalty of stoppage of one annual increment with cumulative effect upon the petitioner on the ground that the charges are partially proved against the petitioner. Petitioner has challenged the aforesaid order; firstly on the ground that the findings recorded by the disciplinary authority are contrary to the inquiry report. It is contended that the Inquiry Officer has completely exonerated the petitioner of the charge against her and there is no finding that any charge is partially or otherwise proved. Secondly, no witness has deposed against the petitioner during the inquiry. In the written statement filed by the Director General, Health Services, Haryana on behalf of respondents no.1 and 2 it is reiterated that on the basis of the findings of Inquiry Officer and other relevant material, the impugned order has been passed in accordance with rule of law. It is further stated that the impugned order is appealable before the Governor of CWP. No. 18126 of 2009 -2- Haryana in the form of memorial. I have carefully perused the inquiry report (Annexure P-3). The Inquiry Officer recorded the statement of the petitioner, the delinquent official, who denied the charge against her. Except production of some record by one Smt. Veena from the office of Civil Surgeon, no witness appeared against the petitioner. Even the complainant did not appear. The Inquiry Officer has, accordingly, recorded as under:- “ Complainant Sh. Ramesh Chand s/o Sh. Punnu Ram, resident of village Devdhar, District Yamuna Nagar was called upon time and again to participate in the enquiry but he did not come present. The Enquiry Officer, on the basis of the statements of all the witnesses including the accused as well as the presented record, is satisfied that Dr. Anita Sethi, Medical Officer did not lie about her illness on 1.10.1994. The referring doctor had also erred in not sending a written call along with a vehicle to ferry the doctor. In light of all these facts I'm of the opinion that the charges against Dr. Anita Sethi, Medical Officer are not proved at all.” The Inquiry Officer has, thus, given a clear and categorical finding that charge against the petitioner is not proved at all. How and on what basis the disciplinary authority has recorded in the impugned order that charge is partially proved, is a mystery. The petitioner has been awarded punishment in disciplinary proceedings without their being any material or evidence against her in the inquiry and even contrary to the findings recorded by the Inquiry Officer without having differed with the same in accordance with law. It would not be improper to say that the disciplinary authority has either not gone through the inquiry report or has wilfully recorded a wrong finding in the impugned order with the sole object of imposing punishment upon the petitioner. Not only this, even the Director General of Health Services, Haryana, who has filed reply to the CWP. No. 18126 of 2009 -3- writ petition has also wrongly recorded that the Inquiry Officer has found the charge partially proved. In this manner the Director General, Health Services, Haryana has filed a false affidavit before this Court without examining the record. It is a matter of great concern that the high officials of the rank of Director General, Health Services and even the Financial Commissioner have wilfully recorded incorrect findings and also filed a false statement before the High Court. The Financial Commissioner & Principal Secretary to Govt. Haryana, Health Department namely Smt. Anuradha Gupta has recorded wrong finding for reasons best known to her. However, one thing is clear that the findings are totally contrary to the report of the Inquiry Officer. I record my displeasure on the conduct of this officer, who holds a responsible post and has imposed the penalty on the petitioner without even having properly examined the inquiry report. Similarly, the Director General, Health Services, Haryana has filed a false affidavit before this Court without examining the inquiry report to mislead this Court. This petition is accordingly allowed as the impugned order is totally illegal and invalid in law, the same is hereby quashed. Let a notice go to Director General, Health Services, Haryana for 31.3.2010 why proceedings for purgery be not initiated against him for filing a false and misleading affidavit. A copy of this order be also forwarded to the Chief Secretary of the State of Haryana for placing the displeasure of this Court on the service record of both the aforesaid officers. (PERMOD KOHLI) JUDGE 10.2.2010. lucky