Devwrat Sharma v. State Of Haryana And Others

CWP-4943-2021

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-4943-2021 Date of decision: 05.11.2024 Devwrat Sharma

...Petitioner

Versus

State of Haryana and others

...Respondents

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

None for the petitioner.

Mr. Dushyant Saharan, AAG, Haryana.

Mr. Deepak Balyan and Mr. Vicky Chauhan, Advocates for respondent Nos.2 to 7.

***** AMAN CHAUDHARY, J. (Oral) 1.

Prayer made in the present petition is for directing the respondent No.2 to extend the tenure of the petitioner as Computer Operator.

2.

Learned counsel for the respondents make a reference to para 2 and 4 of the preliminary submissions, to which there was no replication filed and reads thus:

"2. That at the very outset, it would be significant to mention here that the petitioner has deliberately and intentionally concealed certain vital facts from this Hon'ble Court. Only with a sole motive to procure a favourable order, he has not disclosed the actual facts and circumstances of the case. The brief facts of the case are that the petitioner was engaged along with other persons as Data Entry Operator by the District Information Technology Society for completing the pending jamabandi work at Tehsil of District Nuh. The initial engagement was upto 31.03.2015 which was extended along with other Data Entry Operators from time to time but the contractual employment of the petitioner was not extended beyond 22.08.2019 on the ground of his work being unsatisfactory.

4. That in compliance of the order of the Hon'ble High Court, the petitioner submitted a representation and he was given personal hearing on 13.01.2020. After hearing the petitioner in person, the competent authority of the Society i.e. the Deputy Commissioner found that the petitioner was issued many letters indicating dissatisfaction by various officials and he did not pay any heed to those. That the order dated 28.01.2020 (P-4) which HAMANT 2024.11.06 10:37 I attest to the accuracy and integrity of this document

CWP-4943-2021 was passed by the answering respondent is legal, just and has been passed after detailed deliberation considering the various show cause notice and dissatisfaction certificate issued by the various officials of the District Administration. The allegations against the petitioner are of very serious nature. Even during general elections of the State Assembly there was serious complaint against the petitioner from the office of the Electoral Registration Officer, Nuh. A person doing public duty should give utmost importance to public dealing and should be careful about his conduct and must be attentive to lawful direction/ advises of the reporting officer. There is no illegality in passing the order dated 28.01.2021 by the Deputy Commissioner. The petitioner was engaged on contract basis on DC Rates cannot claim extension of his tenure as a matter of right." 3.

In view of the above, the present petition is disposed of, reserving the petitioner with a liberty to get it revived, in case need arises. (AMAN CHAUDHARY) JUDGE 05.11.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.11.06 10:37 I attest to the accuracy and integrity of this document