(xli)

Haryana Government Gazette

Published by Authority

No. 41–2022] CHANDIGARH, TUESDAY, OCTOBER 11, 2022 (ASVINA 19, 1944 SAKA)

CONTENTS

Pages

PART I—

Notifications, Orders and Declarations by Haryana Government

. .

797–829

PART I-A— Notifications by Local Government Department

. .

Nil

PART I-B— Notifications by Commissioners and Deputy Commissioners

. .

Nil

PART II—

Statutory Notifications of Election Commission of India—

Other Notifications and Republications from the Gazette of India

. .

Nil

PART III— Notifications by High Court, Industries, Advertisements, Change of Name

. .

707–720

and Notices

PART III-A—Notifications by Universities

. .

Nil

PART III-B—Notifications by Courts and Notices

. .

Nil

PART IV— Act, Bills and Ordinances from the Gazette of India

. .

Nil

PART V—

Notifications by Haryana State Legislature

. .

Nil

SUPPLEMENT PART I — STATISTICS –

. .

Nil

SUPPLEMENT PART II — General Review –

. .

Nil

LEGISLATIVE SUPPLEMENT —Contents

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(xcii)

Ditto

PART I—Act

. .

Nil

Ditto

PART II—Ordinances

. .

Nil

Ditto

PART III—Delegated Legislation

. .

769–770

Ditto

PART IV—Correction Slips, Republications and Replacements

. .

Nil

(797)

Haryana Government Gazette

Published by Authority

No. 41–2022] CHANDIGARH, TUESDAY, OCTOBER 11, 2022 (ASVINA 19, 1944 SAKA)

PART-I

Notifications, Orders and Declarations by Haryana Government

ORDER OF GOVERNOR OF HARYANA

The 29th September, 2022

No. 40/39/2011-4S(I).— WHEREAS disciplinary proceedings for major penalty under rule-7 of the Haryana

Civil Services (Punishment & Appeal) Rules, 1987 were initiated against Sh. D.R. Kairon, HCS (now retired), the

then Land Acquisition Officer, Panchkula vide Memo No. 40/39/11-S(I), dated 03 June, 2015 for the following

charges:–

“1.

That the Haryana Urban Development Authority acquired Shamlat land of Gram Panchayat of

villages Nanak Chand, Surajpur, Razipur and Milk of District Panchkula through award No. 33, dated

28 March, 2008. He, i.e., Sh. D.R. Kairon being the Land Acquisition Officer, Panchkula disbursed

compensation amount of Rs. 1,24,47,402/-, Rs. 79,05,108/-, Rs. 3,51,88,383/- and Rs. 1,97,22,380/-

respectively amongst the proprietors of the above said village without getting the title decided from the

Competent Authority. The land in question was recorded either as shamlat deh or Nagar Sabha.

That he, i.e. Sh. D.R. Kairon being Land Acquisition Officer, Panchkula in violation of the

provisions of para 348 of Punjab Land Record Manual and Rule 71 of Punjab Land Revenue Rules had

corresponded directly with Tehsildar Kalka for preparing list of Co-sharers whereas correspondence

was to be made through the Deputy Commissioner-cum-Collector, Panchkula and as such disbursed the

compensation.”

WHEREAS, Sh. D.R. Kairon Submitted his reply to the charge sheet vide letter dated 19 October, 2015 and he

also submitted additional replies dated 10 November, 2015 and 19 May, 2016.

WHEREAS, after considering the reply of the charged officer, Sh. Apoorva Kumar Singh, IAS was appointed

as Inquiry Officer vide order dated 21 February, 2018 to conduct the departmental inquiry into the charges.

WHEREAS, the Inquiry Officer submitted his report vide U.O. No. PS/PSTCP/2019/12783, dated 24 June,

2019.

WHEREAS, after careful consideration of the findings of the Inquiry Officer, the Competent Authority was

not in agreement with the findings of the Inquiry Officer in respect of charge No. 1 and 2, consequently a ‘Dissenting

Note’ was served upon the delinquent officer vide Memo No. 40/39/2011–4S(I), dated 07 February, 2020. In the

‘Dissenting Note’, the competent authority had specifically mentioned as untenable the findings of the Inquiry Office

on charge No. 1 that none had contended during the enquiry proceedings that the land in question belongs to Gram

Panchayat and the proprietors were not entitled to compensation and its enhancement. This was specifically pointed

798

HARYANA GOVT. GAZ., OCT. 11, 2022 (ASVN. 19, 1944 SAKA)

[PART I

out because the land was recorded as ‘Shamlat Deh’ in revenue record and it was incumbent upon the delinquent

officer to take up the matter with the Deputy Commissioner, Panchkula for getting the title of the said ‘Shamlat Deh’

land decided from the competent authority if there were any claims cited by the erstwhile proprietors. The delinquent

officer was duty bound to direct the Gram Panchayat/Municipality or the individual proprietors, as the case may be, to

firstly get the title of ‘Shamlat Deh’ lands adjudicated from the competent authority, which he failed to do. With

regard to second charge it was observed that the findings of Inquiry Officer are contrary to Section 2(g) and 13 (a) of

the Punjab Village Common Lands (Regulation) Act, 1961 and Rules 71 of the Punjab Land Revenue Rules, 1909. It

was specifically concluded by the competent authority that the charge No. 1 and 2 stands fully proved against the

delinquent officer.

WHEREAS, Sh. D.R. Kairon submitted his representation dated 09 March, 2020 to the Dissenting Note.

WHEREAS, an opportunity of personal hearing was granted to Sh. D.R. Kairon and he was heard in person

on 15 February, 2022 by the competent authority. During the hearing on 15 February, 2022, Sh. D.R. Kairon had

submitted another representation in continuation of his earlier representation dated 09 March, 2020.

Whereas, before imposing the punishment upon Sh. D.R. Kairon the matter was referred to the Haryana Public

Service Commission on 10th May, 2022 in terms of Rule 10(1) (b) of Haryana Civil Services (Pension) Rules, 2016

for consultation of the Commission. The Commission vide its letter No. Dis. 7/2022/1287 dated 26 May, 2022 was of

the view that Sh. D.R. Kairon may be dismissed with effect from the date of his Superannuation.

WHEREAS, after duly considering the replies of the charged officer and all other relevant

material/record/aspects and the consultation of Haryana Public Service Commission, the competent authority has

decided under Rule 4 (b) of the Haryana Civil Services (Punishment and Appeal) Rules, 2016 to award a punishment

of “dismissal from service which shall ordinarily be a disqualification for future employment under the Government”

with effect from the date of his Superannuation, i.e., 31 December, 2015 upon Sh. D.R. Kairon which would be

operative prospectively.

10.

Now, therefore, the Governor of Haryana orders imposition of the punishment of “dismissal from service

which shall ordinarily be a disqualification for future employment under the Government” with effect from the date

of his superannuation, i.e., 31 December, 2015 upon Sh. D.R. Kairon which would be operative prospectively.

11.

It is therefore, ordered accordingly.

12.

This issues with the approval of the competent authority.

SURESH KUMAR,

Under Secretary Administration,

for Chief Secretary to Government, Haryana.

9904—C.S.—H.G.P., Pkl.