IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P. (T) No. 7358 of 2008. Reserved on: 09.12.2010. Decided on: 15.12.2010. _____________________________________________________ Vijay Kumar. …Petitioner. -Versus- Himachal Road Transport Corporation and Others. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioners. : None. For the respondents. : Mr. Adarsh Sharma, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral): Disciplinary proceedings were initiated against the petitioner under Rule 14 of the C.C.S. (C.C.& A.) Rules, 1965 for alleged failure to report for duties on 02.07.1990 at 4:30 P.M., when deputed for duty with Kullu-Balu Bus Service. The case was entrusted to Enquiry Officer for conducting regular enquiry into the charges levelled against the petitioner. According to the reply filed by the respondents, petitioner has admitted the charges levelled against him and requested not to conduct further enquiry. Copy of the confessional statement given by the petitioner dated 30.06.1990 is Annexure R-2. The Enquiry Officer submitted the report on 01.07.1992. Thereafter, on 20.04.1993, the petitioner was served with a show-cause notice. He filed reply to the same on 24.05.1993. The Disciplinary Authority imposed the penalty of removal from service upon the 1 Whether the reporters of the local papers may be allowed to see the judgment?. No. - 2 - petitioner vide office order dated 04.06.1993. He challenged this order before the learned erstwhile Himachal Pradesh Administrative Tribunal by way of Original Application No. 1159 of 1993. The same was directed to be treated as representation to the Managing Director of the respondent-Corporation by the learned Tribunal vide order dated 24.06.1993. He rejected the same on 16.09.1993. 2. I have gone through the pleadings carefully and heard Mr. Adarsh Sharma, learned counsel for the respondent- Corporation at length. 3. Petitioner was appointed as Conductor on 04.08.1985. Disciplinary proceedings were initiated against the petitioner vide memorandum dated 10.08.1990. Petitioner has made the following admissions on 30.06.1992: “It is submitted that my case under Rule-14 is being inquired by you. I hereby state that I fully admit the charges levelled against me and whatever penalty is imposed upon me by the Regional Manager, shall be acceptable to me. I do not want further enquiry in this case. It is, therefore, requested that my case may be returned to Regional Manager, Kullu.” 4. Thereafter, the petitioner was served with a notice on 20.04.1993. He filed reply to the same on 24.05.1993. Disciplinary Authority imposed the penalty of removal from service upon the petitioner. The Court is of the considered view that even assuming that the petitioner had admitted his guilt, as noticed hereinabove, the penalty of removal imposed upon the petitioner was dis- proportionate to the alleged mis-conduct. The - 3 - allegation made against the petitioner was that he had failed to report for duty on 02.07.1990 at 4:30 P.M., when he was deputed for duty with Kullu-Balu Bus Service. The penalty of removal from service can be imposed only when the charges levelled are grievous and are proved in accordance with law. In this case, the charge was only that the petitioner had not reported for duty for one day, i.e., on 02.07.1990. 5. Accordingly, in view of the observations made hereinabove, the petition is allowed. Annexures P-A, dated 16.09.1993 and P-C, dated 04.06.1993 are quashed and set aside. The respondents are directed to consider the case of petitioner for imposition of any of the minor penalties provided under Rule 11 of the C.C.S.(C.C.& A.) Rules, 1965, within a period of two months from today. The respondent-Corporation shall inform the petitioner about this judgment within a period of one week from the date of receipt of a certified copy of this judgment. No costs. (Rajiv Sharma) Judge December 15, 2010. (bhupender) - 4 - `