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2006 DIGILAW 1229 (PNJ)

Mehar Singh v. State Of Haryana

2006-03-23

JAGDISH SINGH KHEHAR, P.S.PATWALIA

body2006
Judgment J. S. Khehar, J. 1. The petitioner was inducted into the service of the Haryana roadways as a conductor in the year 1979. In 1992, while discharging his duties on a bus plying from Delhi to Amritsar, he was found to have punched tickets in advance of three passengers valuing Rs.6/- each. 2. On account of the aforesaid act of the petitioner, a regular departmental enquiry was conducted against him. On the culmination thereof, his services were terminated vide an order dated 22.12.1992. Dissatisfied with the order of his termination, the petitioner preferred an appeal. The appellate order is interesting. The operative part thereof is accordingly being extracted hereunder:- "i have carefully studied the enquiry file of Sh. Mehar Singh, ex-Conductor No.167, Haryana Roadways, Kurukshetra and found that there is a truth in the appeal of the appellant. Therefore, I reinstate Sh. Mehar Singh, Ex-conductor No.167, cwp NO.4423 OF 2006 2 haryana Roadways, Kurukshetra in the service and his service is being regularised and he will be given nothing for the period he remained out of service and only the subsistence allowance shall be given for the period of suspension. " 3. The petitioner was not satisfied with the appellate order despite the fact that he was ordered to be reinstated, the grievance of the petitioner being that he was paid only subsistence allowance during the period he was out of employment. It is, therefore, that the petitioner filed a revision petition under Rule 13.14 of the Haryana Civil Service (Punishment and appeal)Rules, 1987. Having examined the claim of the petitioner for full pay and allowances during the period he remained out of employment, the financial commissioner and Principal Secretary to Government, Haryana, transport department, by an order dated 18.11.2004 arrived at the conclusion that the petitioner was not entitled to anything beyond the subsistence allowance. It is this aspect of the matter, which is subject matter of challenge through the instant writ petition. 4. We have heard the learned counsel for the petitioner. The primary contention of the learned counsel for the petitioner is that the petitioner never made any undertaking to any authority foregoing his claim for back wages. This aspect of the matter was not accepted by the authority, which declined his claim for back wages. In fact, the undertaking given by the petitioner has been extracted in the revisional order itself. This aspect of the matter was not accepted by the authority, which declined his claim for back wages. In fact, the undertaking given by the petitioner has been extracted in the revisional order itself. The same was to the following effect:- "i, Mehar Singh, Ex-Conductor No.167, Haryana Roadways, kurukshetra stated that I may be afforded one another opportunity of service. However, I may be re-appointed. I cwp NO.4423 OF 2006 3 assured that I will do not commit any mistake in future and will not give any occasion for complaint. I will not claim anything for the period in which I remained out of service and nor will go in any Court. Sd/-Mehar Singh ex-Conductor No.167 31.3.94 Haryana Roadways, Kurukshetra. " 5. In view of the aforesaid undertaking given by the petitioner, we are satisfied that the petitioners claim for full back wages during the period he remained out of employment is wholly misconceived. Even otherwise, we are satisfied that favour was shown to the petitioner while setting aside the order of his termination. It is to affirm the aforesaid conclusion of ours that we have extracted the relevant part of the appellate order hereinabove. For the reasons recorded above, we find no merit in this petition. The same is accordingly dismissed.