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2021 DIGILAW 251 (HP)

Vidhya Sagar v. HRTC

2021-04-20

SURESHWAR THAKUR

body2021
JUDGMENT : SURESHWAR THAKUR, J. 1. After the inquiry Officer, making an adverse conclusion, vis-a-vis, the petitioner qua the Articles of charge embodied in Annexure A-2 (Annexure-I therein), and, appertaining to the writ petitioner depending, upon, a false date of birth, and hence proceeding to serve under the respondents for a term higher, than the one for which he was to serve, hence, the disciplinary authority after accepting the inquiry report, proceeded to impose upon the delinquent/writ petitioner, through its making an order borne in Annexure A-4, (i) the minor penalty of reducing his pension by 10% for a period of three years without cumulative effect. Further more, the disciplinary authority also proceeded to through an order make a direction against the petitioner, where-through he became disentitled to leave encashment and pension for the extra service for the period w.e.f 1.9.1996 to 28.2.2003. 2. The relief which has been claimed in the writ petition and which is also pressed before this Court by the learned counsel for the petitioner, is confined, to the respondents-employer being directed, to not withhold, the post retiral benefits appertaining to gratuity, and, leave encashment and appertaining to service rendered w.e.f 1974 till 31.8.1996, whereupto, he was, otherwise dehors the false date of birth shown in his school leaving certificate, and, in other educational qualifications, rather entitled to remain in service under the respondents. However, the afore relief would become accepted by this Court, only when, it falls outside the ambit of the order occurring in paragraph, 6, of Annexure A-4. A careful perusal of paragraph 6, of, the afore order imposing penalty upon the delinquent official/writ petitioner herein, does make clear and graphic disclosure(s), that the afore relief claimed in the writ petition, and, also pressed by the learned counsel for the writ petitioner, is completely outside the ambit, of the afore imposed penalty as occurring in paragraph 6 of Annexure A-4. Consequently, this Court is constrained, to irrespective of any purported statutory appeal being filed against the imposition of a minor penalty upon the writ petitioner, hence by the disciplinary authority, and it purportedly rather being sub judice, hence to make a mandamus upon the respondents to grant the afore writ relief to the petitioner positively, within six weeks hereafter, yet pointedly if it falls outside the realm of the penalty imposed upon the petitioner. However, recoveries, if any, as strived, and, falling within the realm of the order of penalty, are valid, as they appertain to derivations of monetary benefit(s) by the petitioner, through his practicing vices of suggestio falsi and suppressio veri. All pending applications stand disposed of accordingly.