IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 6150 of 2008. Decided on : 08.12.2010. Mohan Lal ..…Petitioner. Versus State of H.P Through Secretary and other. .… Respondents. Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 For the Petitioner : Mr. O.P. Sharma, Advocate. (Through LR’s) For the Respondents : Mr. Anil Jaswal, Dy. Advocate General. V.K. Sharma, Judge (Oral) CMPs (M) No.1282 and 1283 of 2010. Replies not to be filed. Heard. Both the applications are allowed in view of the grounds stated therein. Consequently, LR’s of sole deceased petitioner, late Shri Mohan Lal, mentioned in para 2 of CMP (M) 1283 of 2010 are ordered to be brought on record to represent his estate as involved in the present petition. Amended memo of parties stands filed. The applications stand disposed of. CWP (T) No. 6150 of 2008. The petition has been filed on the following prayers vide para 7 (i) to (iii) :- 1 Whether reporters of the local papers may be allowed to see the judgment? No, 2 “(i) That the respondents may kindly be directed to withdraw the harsh penalty which is imposed on the applicant for absenting him from duty w.e.f. 17.11.1969 to 28.6.1976 treated that period as dies- non. (ii) That the respondents may kindly be directed to pay the applicant all the pensionary benefits by regularizing the period of dies-non with all consequential benefits along with interest. (iii) That the respondents may kindly be further directed to pay G.P.Fund amounts lying with the A.G Office and other payments due to him alongwith interest at the rate of 24 % per annum.” 2. In the reply, filed on behalf of respondents, the following stand has been taken, vide para 3 :- “3 In reply to this para it is submitted that the applicant has been penalized for grave misconduct of forgery, tempering with records, and making false entries in the Revenue Record as would appear from this office order No.8-SML-sk(LRK)/76-3539 dated 29.6.76 (Annexure R-I). Hence the orders passed in this case are legal and justified.” 3. Admittedly, disciplinary proceedings were initiated against the petitioner who has since died and is represented by his legal representatives (LR’s) and shall hereinafter to be referred as ‘The Deceased Petitioner’ on account of wilful absence from duty for the period 25.12.1969 to 30.12.1969 etc. etc; details whereof and the consequent penalty imposed upon him as per order dated 29.6.1976, Annexure R-1 passed by the Collector, District Shimla, H.P, read as under : 3 “WHEREAS Shri Mohan Lal, Patwari (Under Suspension) while functioning as Patwari in Kotmatiana Circle of Tehsil Theog willfully absented himself from duty with effect from 23.12.1969 to 30.12.1969 for which the said Shri Mohan Lal Patwari neither obtained or applied for leave. He made false entries in his Roznamnacha Kargzari for the period from 25.12.69 to 30.12.69. He did not enter the events of property in his Roznamacha Waquati on the reports of S/Shri Lagnu Ram and Mathu and also did not produce Roznamcha Waquati on demand by his superior Officer (Office Kanungo Theog). The said Shri Mohan Lal Patwari tempered the Roznamcha Kargurzai while inspecting the enquiry report of Office Kanungo, Theog. For all the above charges, the Shri Mohan Lal Patwari was charge-sheeted under Rule 14 of C.C.S (C.C &A) 1965 vide this office No.929- SK/71, dated the 23rd March, 1971 and was served with a statement of imputation of misconduct and misbehaviour requiring his explanation to be submitted to the undersigned within a ten days. The explanation submitted by him was considered and found far from satisfactory, and, therefore, the cases were entrusted to the Inquiry Officers appointed to look into the charges framed against him. 2. AND WHEREAS according to the enquiry report submitted by the Inquiry Officers the charges framed against the delinquent official stand established and, therefore, the delinquent official was served with a show cause notice alongwith copy of enquiry report mentioning therein as to why penalty of stoppage of his two increments with commutative effect. The period of suspension as dies-non and period of absence from duty w.e.f. 25.12.1969 to 30.12.1969 as leave without pay should not be imposed upon him 4 vide this office no :3135-SK/76-dated the 26.5.1976 and was given an opportunity for making representation on proposed penalty to be imposed upon him. The representation submitted by the delinquent official dated the 28th May, 1976 has also been considered and found unsatisfactory. 3. NOW THEREFORE, the undersigned has come to the conclusion that the said Shri Mohan Lal Patwari has been found negligent in discharging his duty honestly and efficiently. I impose the following penalties. The official is reinstated in service with immediate effect. His posting orders are being issued separately :- (1) Stoppage of two increments with commulative effect. (2) The period of suspension as dies-non. (3) The period of absence from duty w.e.f. 25.12.1969 to 30.12.1969 as leave without pay.” 7. The record reveals that disciplinary proceedings against the deceased petitioner were allowed to go on for an inordinately long period during which he was put under suspension w.e.f. 19.11.1970 to 28.6.1976. The entire period of suspension spanning about six years has been ordered to be treated as dies-non which on the face of it appears to be highly disproportionate to the misconduct proved against the deceased petitioner and more so in view of two other penalties of stoppage of two increments with commutative effect and treating the period of absence from 25.12.1969 to 30.12.1969 as leave without pay, imposed upon him. 8. In view of the above, the petition is disposed of with a direction to the respondents/competent authority that subject to the 5 petitioner’s (LR’s of the deceased petitioner) making a representation along with a copy of this judgment within one month from today, the said respondent/competent authority shall reconsider the matter in accordance with law and justice after affording an opportunity of being heard to them, if so, advised and taking a final decision in the matter in the light of this judgment, within next three months. 9. In view of the above, the petition stands disposed of, so also the pending CMP(s), if any. (V.K. Sharma) Judge. 8th December, 2010 CS