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High Court of Punjab and HaryanaCOCP/137/2019dismissed

Chetan Sethi v. D.S.Dhesi

2020-02-11Mr. Justice Surinder Gupta2 pages

COCP-137-2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

COCP No. 137 of 2019 (O&M) Date of Decision: February 11, 2020 Chetan Sethi ..........PETITIONER

VERSUS

D.S.Dhesi and others ........RESPONDENTS CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Ms. Ritam Aggarwal, Advocate for the petitioner.

Mr. Apoorv Garg, D.A.G., Haryana.

Mr. G.P.S.Bal, Advocate for the respondent.

******* SURINDER GUPTA, J.(Oral) Reply on behalf of the respondents filed today in the Court is taken on record.

Heard.

As per the order dated 01.01.2019 passed in CWP No. 40658 of 2018, it was ordered that services of the petitioner will not be terminated till the next date of hearing.

Learned counsel for the respondents submits that services of petitioner had already been terminated on 31.12.2018 and Election Commissioner was apprised of this fact. The Chief Electoral Officer had relieved the petitioner on 31.12.2018, as such, there is no violation of the order dated 01.01.2019.

JYOTI 2020.02.14 09:47 I attest to the accuracy and integrity of this document

COCP-137-2019 Learned counsel for the petitioner submits that the order passed by the Chief Electoral Officer was communicated to the petitioner on 03.01.2019 and there is non-compliance of the order dated 01.01.2019 (ibid) Vide order dated 01.01.2019, termination of the petitioner was stayed.

Keeping in view the fact that service of petitioner was only up to 31.12.2018 and he was ordered to be relieved 31.12.2018 by the Chief Electoral Officer, non-compliance of order dated 01.01.2019 is not made out, for initiating any proceedings against the respondents. This petition has no merits.

Dismissed.

Rule discharged.

( SURINDER GUPTA ) JUDGE February 11, 2020 Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JYOTI 2020.02.14 09:47 I attest to the accuracy and integrity of this document