Shimla, Jul 17, 2020
Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishavidalaya (CSKHPKV) has been directed by the Himachal Pradesh High court to assigned the duties of Dean or Director of College of Agriculture to Petitioner Dr Ramesh Kumar Kataria. The court also penalised the university to pay cost of Rs 50,000 to the petitioner.
Passing the verdict single judge bench of justice Sandeep Sharma said that court finds that the allegations against the petitioner (disciplinary proceeding) are trivial in nature and and the same could have been decided or disposed of by the Vice Chancellor of CSKHPKV himself after receiving the reply from the petitioner.
The university served show cause notice to petitioner in year 2017 for alleged insubordination. The allegation against the petitioner is that he did not obey the orders of his superior that is head of Department. During the hearing the counsel for respondent university claimed that petitioner was not considered for assigning the aforesaid responsibility on account of pendency of charge-sheet served to petitioner on August 3, 2017.
However giving 21 page verdict here today court observed that respondent university failed to provide any plausible explanation with acceptance has been rendered on record for not appointing inquiry officer for more than three years.
”Denying the allegations leveled against, Petitioner had filed a detailed reply to aforesaid show cause notice’ court said in the verdict. Court said that three years long delay into a disciplinary proceeding against the petitioner and transferring inquiry could not be attributed to the petitioner.
The court during the hearing found that delay in appointing of the inquiry officer was attributable to the petitioner rather record reveals that petitioner is prompt to file the reply to the articles of charges.
Judge maintained that respondent university kept mum and suddenly woke from the deep slumber when petitioner highlighted illegality committed by the respondent by promoting or assigning duties of the post of Dean or Director to junior of petitioner against which he was senior most was eligible .
The court found that action after 3yrs delay due to disciplinary proceeding and promotion of Prem Nath Sharma, Prof of Dept of Seed Science and Technology to promoted as Dean or Director of Agriculture College cannot be said justifiable, rather same appears to actuated with malice.
Court said that essence of providing time limit in rule no 14 is to conclude the entire disciplinary proceeding in a time bound manner, so that neither the officials concerned suffers nor the Government machinery is unnecessarily engaged in conducting of inquiry proceeding of indefinitely long time. In the present case inordinate delay in concluding the disciplinary proceedings has vitiated the said proceeding, Judge pointed out allowing the petition in favour of petitioner.
