Pawan Kumar & ORS. v. Rakesh Manocha & ORS.

COCP No. 1996 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH COCP No. 1996 of 2016 Date of decision : 12.05.2017 Pawan Kumar & ors.

....Petitioners V/s Rakesh Manocha & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Raman B. Garg Advocate with Ms. Gitanjali Chhabra, Advocate for the petitioners. Mr. Rohit Arya, Asst. A.G. Haryana.

RAJAN GUPTA J.

Writ petition was disposed of by writ court on March 02, 2016. Operative part of the order reads as under:- "It is the admitted case between the parties that before cancellation of the order of regularization of the services of the petitioners, no notice or opportunity of hearing was granted to them. As withdrawal of the orders of regularization passed earlier would certainly entail civil consequences, it was incumbent upon the respondents to follow the principles of natural justice. In view of the above, the impugned order dated 07.08.2014 (Annexure P-6) is quashed. However, liberty is granted to the respondents to pass a fresh order, but only after complying with the principles of natural justice" Reply by way of affidavit of Hemant Kumar, Executive Engineer, Provincial Divison, PWD B& R Br. Rewari has been filed. Learned State counsel has referred to same and submits that a detailed speaking order dated 30.09.2016 (Annexure R1) has been passed. Ajay Kumar 2017.05.16 16:23 I attest to the accuracy and authenticity of this document

COCP No. 1996 of 2016 In view of above, no cause of action survives in this petition. Same is hereby dismissed. Rule is discharged. Petitioners shall, however, be at liberty to avail alternative remedy, if any cause of action survives.

May 12, 2017 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ajay Kumar 2017.05.16 16:23 I attest to the accuracy and authenticity of this document