Tejvir v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No.7280-2022 Date of decision: 03.02.2025 Tejvir ......Petitioner

Versus

State of Haryana and Ors.

.....Respondents CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

Present:

Mr. Amit Jhanji, Sr. Advocate with Ms. Eliza Gupta, Advocate and Mr. Sahil Shehrawat, Advocate for the petitioner. Mr. Tapan Kumar, DAG, Haryana.

VINOD S. BHARDWAJ , J (ORAL) Petitioner has approached this Court challenging the impugned notice dated 17.03.2022 (Anneuxre P-14) whereby his services have been terminated. Learned counsel for the petitioner contends that respondents having initiated regular departmental proceedings, there was no reason for serving Memo No.A-8-2022/1880 dated 17.03.2022 as no such exigency is mandated under Article 311 of the Constitution.

Learned State counsel on instructions from Vikas Mehta, Assistant, office of Director Urban Estate, Panchkula, does not dispute that regular departmental proceedings have been initiated and the process of taking final decision after culmination of the enquiry proceedings has been undertaken. Given such circumstances and taking into consideration that the respondents have already taken recourse to the procedure as prescribed under the Haryana Civil Services (Punishment and Appeal) Rules, 2016, the impugned notice dated 17.03.2022 cannot be given effect to. The respondent authority shall be at liberty to take appropriate decision on the pending disciplinary proceedings. Petition is disposed of accordingly. However, the liberty is granted to the petitioner to raise all the pleas available to the petitioner in the pending proceedings. February 03, 2025 (VINOD S BHARDWAJ) manoj JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2025.02.04 22:56 I attest to the accuracy and authenticity of this order