Reinstates a HSDC stenotypist whose service was terminated by Khemka.
In yet another reversal of orders passed by whistleblower IAS officer Ashok Khemka,Haryana government has reinstated the services of Vaneeta Kumari as a steno typist at Haryana Seed Development Corporation (HSDC)while ordering that the period during which she remained terminated from job be treated as break in service.
The directive was given by Principal Secretary,Agriculture,Roshan Lal less than a month after Khemka was shunted out of the HSDC and nearly four months after the latter had terminated the services of Kumari.
This latest order comes days after Lal restored the promotion of HSDC officer B S Saini whom Khemka has demoted and chargesheeted for major penalty. While then Lal had accused Khemka of using mala fide and colourable exercise of power,this he held that termination of Kumaris services were not in accordance with the HSDC Employees Services Regulation and the same was not legally sustainable.
Earlier,Kumari in her appeal to Lal had alleged that Khemka had summarily dismissed her because she refused to go to Sirsa. She said that as two-year probation was to be completed,Khemka told her to appear in a test of stenography in both Hindi and English after she refused to go to Sirsa on transfer. She alleged that she was not given an opportunity to present her case and the letter of termination issued on January 2 was handed over to her. She was told to leave the HSDC premises immediately,she said.
However,while justifying his decision to Lal,Khemka said that there was no provision of appeal against the order of termination of probation under the HSDC Employees Services regulations 1989 and that the principal secretary to Government of Haryana has been re-designated as Appellate Authority against the order of the Managing Director. He also challenged Lals authority and saying that he (Lal) was not competent to entertain the present appeal of Kumari against the order of the appointing authority.
Kumari in her appeal had alleged that Khemka wanted to transfer her to Sirsa and when she refused to obey,he devised a novel way to ease her out. She had been getting incremental benefits for two years and had been considered dedicated,sincere,honest,hard working towards her duties by her immediate authority,the Chief Manager,Production,who recommended that her probation may be considered for completion.
Lal in his order observed that there were no adverse remarks in the ACR of Kumari for two years. Khemka had on November 23 last year called Kumari alongwith others steno typists to give their consent to go to Sirsa on transfer. An Assistant Personnel Officer (Establishment) Surjeet Singh while deposing before Lal said that when steno typists came out of the MDs office,they told him that the MD wanted one of them to go to Sirsa. I am,therefore,inclined to agree with the contention that the expression of Kumaris inability to go to Sirsa was the reason for fixing her stenography test. It is also a fact that no opportunity of hearing was given to her before termination, he said.
Lal in his order said that the stand taken by Khemka that his order was final was not correct and therefore not tenable. Not granting any opportunity of hearing before passing the order was also against the principle of natural justice. The order is not legally sustainable, the order reads.