Arvinder Pal Singh v. State Of Punjab And Another

CWP-12778-2023 -1- 2023:PHHC:091141

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-12778-2023 Date of Decision: 19.07.2023 Arvinder Pal Singh .... Petitioner

Versus

State of Punjab and another .... Respondents CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Present:

Mr. Sunny Singla, Advocate for the petitioner.

Mr. Paramjit Batta, Addl. A.G., Punjab.

***** SANJEEV PRAKASH SHARMA , J (ORAL) 1.

This is a civil writ petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari moved by the petitioner challenging the order dated 31.03.2023 (Annexure P-8), passed by respondent No.2 on the ground that the petitioner was not served with any notice before passing of the order dated 31.03.2023. 2.

The petitioner earlier challenged an order dated 05.08.2022 whereby services of the petitioner were terminated with immediate effect. This Court stayed the operation of the order dated 05.08.2022, vide order dated 23.08.2022 passed in CWP-17875-2022. Thereafter, another order was passed on 06.09.2022, whereby one month notice of termination was issued to the petitioner who was working as a contractual employee on the post of State Mission Manager/Nodal Officer, PSRLM. It is informed that the petitioner challenged the said notice in CWP-22505-2022 which is pending. The respondents have now issued an order which is impugned DINESH BANSAL 2023.07.21 14:09 I attest to the accuracy of this order Chandigarh

CWP-12778-2023 -2- 2023:PHHC:091141 wherein, it is mentioned that the earlier order dated 05.08.2022 had already been withdrawn by the Department on 13.10.2022. It is also stated that the petitioner made a request for renewal of his contract on 27.03.2023 and the Executive Committee, after having considered all the aspects, granted expost facto approval of his reinstatement in service upto financial year 20222023 and further approved not to continue to renew his contract after ending of financial year 2023 i.e. 31.03.2023.

3.

Admittedly, the decision has been taken on the basis of the application moved by the petitioner seeking renewal of his contract. Thus, the submission of the petitioner that he was required to be given a showcause-notice and opportunity of being heard before passing of the order, is clearly not made out.

4.

Keeping in view the above, the present petition is found to be wholly frivolous and accordingly, the same is dismissed. (SANJEEV PRAKASH SHARMA) 19.07.2023 JUDGE D.Bansal Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DINESH BANSAL 2023.07.21 14:09 I attest to the accuracy of this order Chandigarh