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High Court of Punjab and HaryanaCWP/23469/2016dismissed

Bimla Rani v. State Of Punjab And ORS

2016-11-11Mr. Justice Inderjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.23469 of 2016 Date of decision: 11.11.2016 Bimla Rani ..Petitioner

Versus

State of Punjab and others ..Respondents

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

Present:

Mr. S.K. Arora, Advocate for the petitioner.

*** Daya Chaudhary, J. (Oral) The present writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of impugned show cause notice dated 26.09.2016 (Annexure P10), whereby, the respondents have proposed to terminate the services of the petitioner.

On perusal of impugned show cause notice dated 26.09.2016, it appears that reply to the show cause notice was to be filed but the same has not been filed. The impugned show cause notice has been challenged by raising various grounds.

Learned counsel for the petitioner submits that the petitioner is a widow lady and was entitled for regularization in view of policy of State Government but her total length of service has not been taken into consideration and the impugned show cause notice has been issued after deciding to terminate her services.

Neetu Rani 2016.11.16 10:33 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.23469 of 2016 Heard arguments of learned counsel for the petitioner and have also perused the impugned show cause notice.

Admittedly, the petitioner has not filed reply to the show cause notice dated 26.09.2016 and simply by stating that the petitioner is a widow lady and keeping in view her total length of service, she was entitled for regularization, is not a ground to challenge the show cause notice. The petitioner should have filed reply to the show cause notice by raising all these grounds, which have been mentioned in the present writ petition or the same should have been raised before this Court at the time of raising arguments by learned counsel for the petitioner. Hence no ground is made out to quash the impugned show cause notice.

Dismissed.

11.11.2016 (DAYA CHAUDHARY) neetu JUDGE √ Whether speaking/reasoned Yes/No √ Whether Reportable Yes/No Neetu Rani 2016.11.16 10:33 I attest to the accuracy and authenticity of this document Chandigarh