Bimla v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-2692-2022 Date of decision: 11.02.2022 BIMLA

...Petitioner

V/S STATE OF HARYANA AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Surinder Singh Duhan, Advocate, for the petitioner.

Mr. Saurabh Mohunta, DAG, Haryana.

(Presence marked through video conference).

*** ARUN MONGA, J. (ORAL) Petition herein, under Article 226 of Constitution of India is for quashing the impugned letter dated 03.09.2021 (Annexure P-5) issued by respondent No.3 and letter dated 06.09.2021 (Annexure P-6) issued by respondent No.4 vide which the petitioner was ordered to be removed from the post of ASHA Worker, Community Health Centre, Alewa with immediate effect.

I have heard learned counsel for the petitioner and perused the case file.

Ex facie case pleaded in the petition reveals that there are disputed questions of facts involved. Same cannot be gone into by this Courtunder extraordinary writ jurisdiction. Allegations/averments require proper adjudication by way of trial.In writ jurisdiction, this Court cannot grant indulgence to appreciate the evidence. The same is a matter of trial to be adjudicated by way of allowing both the sides to adduce their respective evidence qua the rival facts pleaded by them. No grounds are made out to interfere. Dismissed. 11.02.2022 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2022.02.12 13:57 I attest to the accuracy and authenticity of this document