Subhash Kumar v. Haryana Vidhan Sabha,Chandigarh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP NO. 12233 OF 2022 DATE OF DECISION: 31.05.2022 Subhash Kumar

...Petitioner

Versus

Haryana Vidhan Sabha

...Respondent

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

Mr. Arvind Seth, Advocate, for the petitioner.

Mr. Pankaj Middha, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of certiorari to quash order dated 13.06.2017 (Annexure P-15) whereby services of the petitioner have been dispensed with from the post of Data Entry Operator.

2.

Petitioner applied for the post of Data Entry Operator with the respondent- department under BCB category in the year 2013 and was appointed as such. He completed the probation period on 06.10.2015. However, Services of the petitioner were terminated without holding any inquiry and without giving any opportunity of personal hearing vide impugned order dated 13.06.2017 (Annexure P-15). Hence, the petition. 3.

On advance service, learned State counsel appears and opposes the issuance of notice of motion and submits that writ petition is not maintainable as the alternative remedy of filing appeal has not been exhausted by the petitioner.

5.

In view of the aforesaid objection raised by learned State counsel, the writ petition is disposed of with liberty to the petitioner to file appeal, explaining delay as well, which shall be looked into by the competent authority, in accordance with law.

MAY 31, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2022.06.01 19:56 I attest to the accuracy and authenticity of this Judicial Record/ Decree/ Document, which is scanned copy of the original\