C.W.P. No.17014 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.17014 of 2011 Date of Decision: 12.09.2011 Dr. (Mrs.) Saroj Kumari ....Petitioner Versus State of Haryana etc. ...Respondents CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. R.S. Sahota, Sr. Advocate with Mr. Subhash Ahuja, Advocate for the petitioner. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. (ORAL) The petitioner, herein, is seeking the writ of certiorari quashing the Agenda Item No.13 (Annexure P-8) and all other consequential proceedings yet to be taken by the Governing Body of Guru Nanak Khalsa College, Yamuna Nagar in pursuance to its meeting scheduled to be held on 13.09.2011. While praying for the said relief, learned Senior Counsel contended that the action is being taken against the petitioner on the basis of two proceedings held by the Enquiry Committee on two dates and a secret report based on expert opinion of an Advocate/Handwriting Expert who was never produced in the Enquiry nor even cross examined. It is further contended that the petitioner has not even been issued any charge sheet nor she has been made aware of the specific charge so as to call for C.W.P. No.17014 of 2011 2 her comments/reply what to talk of holding a regular enquiry and producing all witnesses/evidence against her. No reasonable opportunity to lead her defence evidence has been granted. The said action is in violation of the specific provisions of Section 7 of the Haryana Affiliated Colleges (Security of Service) Act, 1979. Heard. Section 7 of the Haryana Affiliated Colleges (Security of Service) Act, 1979 (here-in-after referred to as “the Act”) reads as under :- “7. Procedure to be observed before dismissal, removal, reduction in rank or withholding of annual increment of pay with cumulative effect.- (1) No employee shall be dismissed, removed, reduced in rank or no annual increment or increments of pay of any employee shall be withheld with cumulative effect except after an enquiry in which he has been informed of the charge against him and given a reasonable opportunity of being heard in respect of those charges : Provided that this section shall not apply where an employee is dismissed, removed, reduced in rank or where the annual increment or increments of pay of any employee is or are withheld with cumulative effect on the ground of conduct which has led to his conviction on a criminal charge. (2) The penalty of dismissal, removal from service, reduction in rank and withholding of annual increment or increments of pay with cumulative effect shall not be imposed unless the same is approved by the Director. (3)Where after the enquiry is referred to in sub-section (1) it is proposed to impose the penalty of dismissal, removal from service, reduction in rank or withholding of annual increment or increments of pay with cumulative effect, the proposal along with the relevant record shall be referred to the Director and C.W.P. No.17014 of 2011 3 the employee concerned shall be informed. (4)The employee may, within a period of thirty days of the receipt of the intimation referred to in sub-section (3), make a representation against the proposed penalty to the Director who may, after examining the record and giving the parties an opportunity of being heard, by an order in writing, approve the proposed penalty or reduce it or refuse to approve it, if the proposal is found to be mala fide or by way of victimisation or not warranted by the facts and circumstances of the case. 7-A. Continuous of suspension beyond six months.-(1) In case the Managing Committee of an affiliated college considers it expedient to keep an employee under suspension beyond the period of six months, it shall submit a detailed report to the Director at least one month before the expiry of the period of six months specifying reasons warranting the extension of the suspension period of the employee beyond six months. (2) After considering the report under sub- section (1), the Director shall pass an order whether the extension be granted or not. In the event of his refusal to grant the extension, the Managing Committee shall reinstate the employee within a fortnight from the date of receipt of the order, failing which the employee concerned shall be deemed to have been reinstated on the expiry of the aforesaid period.” It is evident from the perusal of the sub-section (2) of Section 7 of the Act that the penalty of dismissal, removal from service, reduction in rank and withholding of annual increment or increments of pay with cumulative effect can be imposed only after the same is approved by the Director. Further sub-section (3) of Section 7 of the Act makes it incumbent upon the Management to send the entire proceedings along with the relevant record to the Director with further information to the employee. As C.W.P. No.17014 of 2011 4 per sub-section 4 of Section 7 of the Act, the employee shall have an opportunity to file representation against the proposed penalty to the Director who after examining the record may or may not approve the proposed penalty. It is evident that as of now only an Agenda has been issued to take disciplinary action against the petitioner. No penalty has been imposed as yet. It is not evident as to what disciplinary action has been proposed by the Management. No such proposal has been sent to the Director. In case, any such proposal of punishment as referred to in Section 7 of the Act is sent for approval to the Director, the petitioner shall have a remedy to file his representation before the Director. In view of the above, the present petition is disposed of as pre-mature. However, in case, the matter is referred by the Management to the Director for approval of the proposed punishment, the petitioner shall have the liberty to raise all the pleas before the Director. (NIRMALJIT KAUR) 12.09.2011 JUDGE gurpreet