Jaswant Singh v. State Of Punjab And Others

2024:PHHC:024978

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CWP-4380-2024 (O&M) Date of decision: 26.02.2024 Jaswant Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Rajesh Bhateja, Advocate for the petitioner. ***** AMAN CHAUDHARY. J.

1.

The present Civil Writ Petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus for directing respondents No.2 and 3 to renew the contract of the petitioner for the post of GRS.

2.

Learned counsel would contend that the petitioner was working on contract basis as Gram Rozgar Sewak from 2011 to 2018 and his services were dispensed with on account of inquiry, however, he was allowed to rejoin on 17.10.2019 during the pendency of inquiry and in the final report, it was concluded that the petitioner has been given more punishment than his charge and his punishment can be reduced to a minor punishment. In case of similarly situated persons i.e. Ramandeep Singh and Paramjit Singh against whom inquiry was conducted on the same day (Annexures P4 and P5) and similar observations were made, have been allowed to rejoin vide order dated 05.11.2020 (Annexures P6 and P7). In this regard, a representation dated 14.11.2023 (Annexure P-8), has been submitted by him, which has yet not evoked any response.

He thus, at this stage, on instructions, submits that the petitioner is sanguine of it being considered in a positive manner, in case, a direction is given to the respondents to decide the same in a time bound manner by granting him an opportunity of ASHOK KUMAR 2024.02.

CWP-4380-2024 (O&M) -2hearing.

3.

Notice of motion.

4.

At the asking of the Court, Mr. Swapan Shorey, DAG, Punjab, accepts notice on behalf of the respondent-State and has no objection to the limited prayer made.

5.

In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to respondents to consider the representation dated 14.11.2023, Annexure P-8 and decide the same, taking note of the order dated 05.11.2020 (Annexures P6 and P7) referred to, by the petitioner, within a period of 4 months and if found entitled, necessary benefits be granted forthwith. However, in the eventuality of the relief being denied, a speaking order be passed, after associating the petitioner therewith. 26.02.2024 (AMAN CHAUDHARY) ashok JUDGE Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No ASHOK KUMAR 2024.02.26 16:57 I attest to the accuracy and integrity of this document