Present Civil Writ Petition under Articles 226/227 of the
Constitution of India has been filed by the LRs of the petitioner for the
issuance of an appropriate writ direction or order, especially in the nature
of certiorari for quashing and setting aside punishment order Annexure
P/7 dated 23.12.2020 passed by the respondent, imposing penalty of
withholding one increment with cumulative effect upon the petitioner; as
well as the enquiry report Annexure P/1 dated 21.3.2016, holding the
petitioner guilty of certain charges levelled against him.
2. It is inter alia submitted by learned Senior counsel for the
petitioner that petitioner was working as Deputy Director, Agriculture &
Farmers Welfare Department and was posted at Gurugram. Petitioner had
rendered 30 years of service. While working as such at Bhiwani, petitioner
CWP-1471-2021 (O&M) 2 of 14
was issued Chargesheet dated 07.12.2012 under Rule 7 of the Haryana
Civil Services (Punishment and Appeal) Rules 1987 (hereinafter referred to
as the ‘1987 Rules’). It is contended that the charges levelled against the
petitioner were absurd to say the least. By way of example, learned Senior
Counsel refers to one of the charges against the petitioner to the effect
that petitioner had purchased Malathion 50% EC at the enhanced rate of
Rs.210/- per litre. Learned Senior Counsel refers to the comparative
purchase rates of the said pesticide in other Districts of Haryana to submit
that the very same pesticide had been purchased in other Districts of
Haryana between Rs. 200 to Rs.230/- per litre. It is contended that
therefore, the petitioner could not have been held guilty for purchase of
the same pesticide @ Rs.210/-; and to do so is absolutely illegal and
illogical.
