Deputy District Education Officer, Hisar was charge sheeted under rule-7

GOVERNMENT OF HARYANA

gio

EDUCATION DEPARTMENT

Order No. 5/76-2005 HRG-I (1) Dated, Chandigarh the

Whereas Smt, Usha Rani the then Principal, Govt. Sr. Sec. School, Hansi (Hisar)

now Deputy District Education Officer, Hisar was charge sheeted under rule-7 of

Haryana Civil Services (P&A) Rule 1987 vide order No. 5/76-05 HRG-I (1) dated 27 08 08,

where in the following charges were leveled against her:-

Bogus Experience Certificate from 05.10.81 to 30.09.83 pertaining to Head

Mistress St. Peter High School, Hansi (Hisar) while applying for the post of

Principal in 1996.

Violation of the transfer orders.

Whereas Smt, Usha Rani submitted her reply dated 29.06.09 to the said charge

sheet and refuted all the charges levelled against her. Since reply of Smt, Usha Rani was

not found satisfactory, therefore, Sh. I.M. Khungar, IAS (Retd) was appointed as Inquiry

Officer. The Inquiry Officer vide his report 15.12.09 exonerated her regarding charge No.1

and proved the second charge. A Show Cause Notice dated 02.08.10 was issued for

inflicting a punishment of termination from service. After receipt of her reply dated

24.08.10 she was heard in person on 01.12.10. At that time, the case was examined

again in detail in the light of provisions of Haryana Civil Service (Punishment and Appeal)

Rules, 1987 and it was observed, that the regular Inquiry Officer has failed to take notice

of the patent error existing in the experience certificate as Head Mistress of St. Peter High

School, Hansi (Hisar) from 05.10.81 to 30.09.83. As per amended Rule 7(6) of the

Haryana Civil Services (Punishment and Appeal) Rules, 1987 issued vide notification

dated 06.07.07, the disciplinary authority is required to supply a copy of the regular

enquiry report and where the disciplinary authority does not agree with the enquiry

report or part thereof, the reasons for such disagreement are required to be

communicated along with the enquiry report to the delinquent employee so that he can

send a representation, if he so desires, to the disciplinary authority within a period of one

month from the date of such communication. Accordingly, a dissenting note dated

30.12.10 was sent to her. She submitted her reply on 14.02.11 to the dissenting note.

I have gone through the entire record of the case i.e. Committee report dated

03.10.05, DEO Hisar report dated 04.10.05, fact finding inquiry report dated 07.10.05

and 10 08 07 submitted by Sh. Lalit Siwatch, HCS, Joint Director and Sh. M.L. Kaushik,

HCS, Addl. Director, respectively, charge-sheet under Rule-7 and explanation thereof,

regular Inquiry Officer report dated 15.12.09, Show Cause Notice dated 02.08.10,

dissenting note dated 30.12.10 and reply thereof. The main question to be decided in this

case is whether the incumbent fulfills the condition of experience of 2 years as head of

the Institution while applying for the post of Principal in 1996 and whether the said

experience certificate is genuine.

From the perusal of experience certificate dated 14.05.84 pertaining to St. Peter

High School, Hansi (Hisar), the same has been countersigned by Sub-Divisional

Education Officer (SDEO) on 16.07.96 i.e. after a lapse of more the 12 years and in the

experience certificate it is clearly mentioned that the school is recognized whereas as per

DEO report dated 04.10.05 that during the period from 05.10.81 to 30.09.83 the school

was upto middle standard only and Smt. Usha Rani has never worked in the said

institution in any capacity and has concluded that the experience certificate was fake

and bogus. This view has been confirmed by a 6-Member Committee constituted by the

then Joint Director (Administration). Denial of issuance of the said experience certificate

by Sh. P.L. Ahuja, the then Principal, St. Peter Sr. Sec. School, Hansi (Hisar) duly

supported by Affidavit before the said Committee, further endorse the said version. The

finding of inquiry conducted by Sh. M.L. Kaushik as enunciated above clearly establish

that the school was not recognized at all during the relevant period and the delinquent

official has not worked in the said institution at all in any capacity. The said incumbent

in her latest explanation dated 14.02.11 herself have admitted that the said institution

was not recognized. It is highly surprising how the regular Inquiry Officer of the level of

Senior IAS (Retd.) has tried to circumvent the patent error in the experience certificate

especially regarding recognized institution. It is beyond doubt that the said institution

was not recognized upto high school level during the relevant period. So far as second

arge is concerned, it stood approved by the regular Inquiry Officer and there is no

dispute regarding this It is specific to mention here that an FIR No. 74 dated 15.02.06

was also got registered in this case and is beyond understanding how Smt. Santosh

Kumari, the then DEO Hisar had given her Consent statement dated 16.05.08 before the

Court in a cancellation report submitted by Police without approval of the competent

authority. Vide order dated 16.05.08 FIR was cancelled and the case was filed. The

observation of the incumbent regarding reviewing the orders is of no consequence as the

matter regarding inflicting final punishment was still pending.

In the light of above, both the charges stood approved against Smt. Usha Rani,

Deputy DEO, Hisar. She has been selected Principal in direct quota on the basis of fake,

bogus and non-genuine experience certificate of St. Peter High School, Hansi (Hisar).

Endst. No.Even Dated Panchkula the

A copy is forwarded to the following for information and necessary action:-

Secretary, Haryana Public Service Commission Haryana, Panchkula.

District Education Officer, Hisar.

Superintendent Pension-I (Local).

HRG-I (3) for placing a copy in the personal file of the officer.

5. PS/ .

. I.T. Cell.

Depu Education

For Financial Commissioner & Principal Secretary

to Govt. Haryana, School Education

Taking an overall view of the matter and in consultation with the Haryana Public

Services Commission, I am of the considered view that a punishment of dismissal from

service will meet the ends of justice.

Regd.

To

Smt. Usha Rani, Dy. DEO

0/o District Education Officer, Hisar

T— 9 —cttli