E-Paper
Same officer can’t review order in departmental proceedings: Punjab & Haryana HC
The HC bench of justice Pankaj Jain observed that the power of review is provided under the Punjab Civil Services (Punishment and Appeal) Rules, 1970, however, the same vests with the governor or the appellate authority or any other authority specified in this behalf by the governor, by a general or special order.
The Punjab and Haryana high court (HC) has said that the punishing authority after passing an order in departmental proceedings can’t review his order.
The HC bench of justice Pankaj Jain observed that the power of review is provided under the Punjab Civil Services (Punishment and Appeal) Rules, 1970, however, the same vests with the governor or the appellate authority or any other authority specified in this behalf by the governor, by a general or special order.
The plea was from an employee Jaswinder Singh, currently serving as secretary, municipal corporation (MC), Hoshiarpur. Jaswinder had submitted that when he was working as building inspector in Patiala MC, he, alongwith seven others officials, was chargesheeted in February 2009 on allegations of not stopping the construction of a commercial building being carried out in violation of the sanctioned plan.
As per the plea, after regular inquiry, he was held guilty in May 2014 in a common proceeding against all eight officials. However, on August 14, 2015, charges against him were dropped by the secretary, local government, Punjab, who was the punishing authority.
But later, on June 1, 2017, the successor secretary awarded the punishment of stoppage of his two annual increments with cumulative effect on the same charge after a ‘review’ of the entire issue. He was even debarred from promotion to the post of secretary. It was this order that he challenged in the HC in 2018.
His counsel, Ranjivan Singh, had argued that the order of the punishing authority can be reviewed only by the governor or the appellate authority and that too within six months.
Agreeing with the contention, the HC set aside the order observing that he was entitled for all benefits, including for promotion from the date persons junior to him were promoted. The government has been directed to release the benefits within a period of twelve weeks.
