Shilk Ram And ORS. v. State Of Haryana And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 19363 of 2015 Date of decision: 29.09.2015 Shilk Ram and others ....Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Amit Khatkar, Advocate, for the petitioners.

G.S.SANDHAWALIA, J. (Oral) Challenge in the present writ petition is to the letter dated 02.09.2015 (Annexure P-6) whereby, the Director, Elementary Education, Haryana has written to the State District Elementary Education Officers for registration of criminal cases against teachers who had resigned before verification of thumb impressions and those who did not join verification despite several opportunities provided by the department. The compliance report was also sought.

Counsel for the petitioner has submitted that the termination orders were subject matter of challenge before this Court in a bunch of cases, the lead case of which was CWP No. 4729 of 2015, Shilk Ram vs. State of Haryana and others (Annexure P-3) and submitted that in the absence of any inquiry, the general directions issued vide the impugned letter are not sustainable.

The said argument is misconceived. Criminal proceedings cannot be brought to a stand still and if an offence is committed, it is for the investigating agency to go into the said issue and find out the truth. This SHIVANI GUPTA 2015.10.01 16:57 I attest to the accuracy and integrity of this document Chandigarh

-2Court, in the above said CWP No. 4729 of 2015, was only dealing with the termination of the employees who were regular employees whose services had been terminated without following the procedure laid down in the Haryana Civil Services (Punishment and Appeal) Rules, 1978 and on account of the proper procedure not being followed. In such circumstances, the present writ petition is bereft of any merit and the same is accordingly dismissed.

29.09.2015 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2015.10.01 16:57 I attest to the accuracy and integrity of this document Chandigarh