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SWAMI SHARAN versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

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Swami Sharan v. State of Haryana & Ors - RA-CW-158-2006 [2006] RD-P&H 3989 (11 July 2006)

R.A. No. 158 of 2006 in

C.W.P. No. 6026 of 2006 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

R.A. No. 158 of 2006 in

C.W.P. No. 6026 of 2006

Date of Decision: July 14, 2006

Swami Sharan

.....Petitioner

Vs.

State of Haryana and others

.....Respondents

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR.
HON'BLE MR. JUSTICE M.M.S. BEDI.

Present:- Mr. A.K. Walia, Advocate,

for the applicant-petitioner.

-.-

M.M. KUMAR, J. (ORAL)

This is an application filed under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure, 1908, (for brevity `the Code'), seeking review of the order dated April 21, 2006 on the premise that the argument with regard to arrears of salary from the date of suspension i.e.

July 31, 2001 till the date of premature retirement vide impugned order dated April 3,2006 has not been addressed. It is appropriate to mention that on laying raid by the police, the applicant- petitioner was caught red R.A. No. 158 of 2006 in

C.W.P. No. 6026 of 2006 [2]

handed while accepting bribery and the case was registered under the Prevention of Corruption Act, 1988. It is appropriate to mention that the petitioner has been working as a Principal of I.T.I. Ambala Cantt. and at the relevant time, he was deputed at Gohana for conducting examinations. He was alleged to have accepted illegal gratification on July 27, 2001 for passing a student of Turner trade (Suresh Kumar) and the other one in practical subject (Mukesh Kumar). During the pendency of the criminal proceedings he was proceeded against departmentally on December 17, 2002 when the charge-sheet was issued. The Inquiry Officer submitted his report on June 7, 2006 recording the finding that the applicant- petitioner was guilty of the charges. On April 3, 2006, non-applicant- respondents passed an order of premature/ compulsory retirement of the applicant- petitioner from service on the basis of the findings recorded by the Inquiry Officer.

Having heard the learned counsel, we are of the considered view that after the findings recorded by the Inquiry Officer holding him guilty, the applicant- petitioner would not be entitled to any salary. The judgment of this Court in the case of Dev Raj Sharma v. State of Haryana, 1995 (2) SCT 835, on which reliance has been placed, does not apply to the facts of the present case because after the culmination of the criminal proceedings, no final order was passed in departmental proceedings recording the finding that the delinquent official was guilty of a misconduct. The aforementioned judgment has no application to the facts in the present case. Moreover, many arguments could be raised in the R.A. No. 158 of 2006 in

C.W.P. No. 6026 of 2006 [3]

pleadings but if nothing was raised during the course of hearing, then it would not constitute a ground for reviewing the order which may be covered under Order 47 Rule 1 of the Code. No violation of Rule 7.3 has been pointed out by the learned Counsel. There is thus no ground to review our order dated April 21, 2006.

Dismissed.

(M.M.KUMAR)

JUDGE

July 14, 2006 (M.M.S.BEDI)

sanjay JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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