High Court stays punishment awarded to MC Superintendent

Notice to Secretary and Director, Local Government, Punjab for March 18, 2019

Chandigarh (Niel Bhalinder Singh) : Putting on hold an order passed by Additional Chief Secretary, Local Government Punjab on June 1, 2017 awarding punishment of stoppage of two annual increments with future effect to Jaswinder Singh posted as Superintendent in the Municipal Corporation, Mohali; Mr. Justice Jaswant Singh of the Punjab and Haryana High Court has issued notice of motion to the Additional Chief Secretary and the Director of the Punjab’s Local Government Department besides Commissioner of the Municipal Corporation, Mohali for 18th of March, 2019.

It was contended by the counsel for the petitioner that while the petitioner was posted as Building Inspector in the Municipal Corporation, Patiala, he alongwith seven other officials, was charge-sheeted in February, 2009 under Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules 1970 alleging certain irregularities regarding construction of some commercial buildings. However, after conducting the regular Department Enquiry and considering his defence and pleas raised in the process of personal hearing,

the Charge Sheet against the petitioner was ordered to dropped far back on August 14, 2015 by the then Secretary, Local Government. Later on June 1,  2017, the dropping of the charge sheet against the petitioner  was ‘reviewed’ by the successor of the  earlier Secretary and the petitioner was awarded the  punishment of stoppage of his two increment to the petitioner with cumulative effect and later  deprived  the petitioner of his due promotion as Secretary with effect from January 2018 when his juniors were promoted.

It was argued on behalf of the petitioner that under Rule 21 of the Punjab Civil Services (Punishment and Appeal) Rules 1970 an  order of review can be passed by either Governor or the Appellate Authority and that too within a period of six months of the passing of the order under review and such passing of 1stof June, 2017 order is patently illegal and without jurisdiction.