C.W.P.No 4237 of 1993 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No. 4237 of 1993 Date of decision: 22.3.2011 Harkesh Singh ........Petitioner Versus The State of Haryana and others .........Respondents CORAM:- HON'BLE Mr. JUSTICE RANJAN GOGOI CHIEF JUSTICE HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Animesh Sharma, Advocate, for the petitioner Mr. Randhir Singh, Additional Advocate General Haryana for the respondents RANJAN GOGOI, CJ. : (Oral) The petitioner was charge-sheeted by the General Manager, Haryana Roadways on 1.7.1992 on the following charge:- “ You Shri Harkesh Conductor No. 142 on date 17.6.92 was acting as conductor on Bus No. 556 on routes from Karma to Ferozepur. Shri Radhe Shayam Inspector inspected the bus at place Pahari and it was found that you had collected bus fare from 24 passengers from Karma to Pahari @ Rs.4/- per passenger, total fare Rs.96/- but had not issued them tickets. In this way you had misappropriated the Government Revenue to the extent of Rs.96/-. Therefore, you are charge sheeted for misappropriating the Government Revenue to the extent of Rs.96/-.” On 21.10.1992 the petitioner appeared before the General C.W.P.No 4237 of 1993 2 Manager, Haryana Roadways and pleaded guilty to the charge levelled. He also agreed that he would accept any punishment that may be awarded. Thereafter the General Manager, Haryana Roadways, Gurgaon by order dated 30.10.1992 imposed a punishment of stoppage of two annual increments without cumulative effect. The said order of punishment has been reviewed by the Transport Commissioner in exercise of powers under Rule 14 of Haryana Civil Services (Punishment and Appeal) Rules, 1987. Thereafter the punishment of dismissal from service has been imposed which has been challenged in the present writ petition wherein the question of the vires of Rule 14 of the above said Rules has also been raised. On perusal of the contents of C.M. No. 23439 of 2003 filed by the petitioner, we find that in a similar matter this court in CWP No. 443 of 1994 has interferred with the order of punishment passed by the Transport Commissioner in similar circumstances. In passing the aforesaid order in C.W.P. No. 443 of 1994, an order of the Apex Court in S.L.P. No. 24152 of 1995 dated 9.2.1996 had been followed. We have perused the order of the Apex Court dated 9.2.1996 which has been extracted in the order passed in C.W.P. No. 443 of 1994. It is our considered view that the facts of the present case are similar to those of C.W.P. No. 443 of 1994 and the order passed therein should govern the instant matter. Consequently we set aside the order of dismissal dated 4.3.1993 passed by the Transport Commissioner dismissing the petitioner from service. The next question that the court will be required to consider is the consequential relief that can be afforded to the petitioner who has, in the meantime, retired from service. Undoubtedly, the petitioner shall have to be C.W.P.No 4237 of 1993 3 deemed to be in service all along until his superannuation and his pension and retiral benefits will have to be calculated on that basis. However, in so far as his back wages is concerned, we are afraid that no order granting any back wages can be passed in favour of the petitioner on the principle of 'no work no pay'. We, therefore, direct the respondents to pay all retirement benefits to the petitioner by treating him to be in service until the date of his superannuation and also calculate his pension on that basis which shall be paid from the date when such pension became due. Necessary action in terms of the present direction will be initiated and completed by the respondents within a period of four months from the date of receipt of a certified copy of this order. Writ Petition stands allowed in the terms stated above. (RANJAN GOGOI) CHIEF JUSTICE (KANWALJIT SINGH AHLUWALIA) JUDGE March 22, 2011 RSK NOTE: Whether to be referred to the Reporter or not? _____