Takdir Singh v. State Of Haryana And Others

CWP No. 11134 of 2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP NO. 11134 OF 2022 DATE OF DECISION : 23.05.2022 Takdir Singh

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. S. K. Malik, Advocate, For the petitioner.

Mr. Sharan Sethi, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks quashing of order dated 26.04.2022 and 06.05.2022 (Annexures P-5 and P-6), whereby he has been reverted from the post of Sub Inspector to the post of Conductor without issuing any show cause notice.

2.

Petitioner was initially appointed as Conductor on 26.04.1994. Later his services were regularized on 05.03.1997 on the post of Conductor. In the year 2005-2011 he suffered from Diabetes Malicious and Hypertension due to which he remained absent from duty and minor punishment of stoppage of annual increment for temporary effect was imposed upon him. Vide order dated 18.01.2021, on the basis of senioritycum-merit list, he was promoted to the post of Sub Inspector. Suddenly he was reverted to the post of Conductor vide impugned orders dated 26.04.2022 and 06.05.2022 without issuing any show cause notice to him. Hence, the instant petition.

SHALINI BHATIA 2022.05.24 18:08 I attest to the accuracy and authenticity of this document.

CWP No. 11134 of 2022 3.

On advance service of copy of the petition, learned State counsel appears and on instructions from Mr. Bhupender Ahlawat, District Attorney, Haryana, submits that matter is being looked afresh on the administrative side and orders impugned herein are likely to be withdrawn and in case any further adverse orders are contemplated, petitioner shall be given advance notice of the same in accordance with law.

4.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

5.

In view of the aforesaid, without commenting on the merits of the case, the instant writ petition stands disposed of with an expectation that the respondents shall look into the grievance of the petitioner and take decision in accordance with law. In case any adverse order is to be passed, prior notice be given to the petitioner.

6.

Disposed of accordingly.

MAY 23, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned : yes/No Whether reportable :

Yes/No SHALINI BHATIA 2022.05.24 18:08 I attest to the accuracy and authenticity of this document.