Makhan Singh v. State Of Haryana And ORS

CWP No.29985 of 2018 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.29985 of 2018 (O&M) Date of Decision.05.08.2019 Makhan Singh

...Petitioner

Vs State of Haryana and others

...Respondents

Present:

None.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) Prayer in instant petition is for issuance of direction to respondent No.1 to decide petition bearing diary No.2623 dated 21.06.2016 (Annexure P-7) preferred against order dated 28.03.2007 (Annexure P-4) whereby petitioner was dismissed from service as well as other orders dated 01.10.2007 and 20.08.2008 (Annexure P-5 & P-6) whereby appeal/revision filed against order dated 28.03.2007 have been dismissed. Facts reveal that petitioner while undergoing basic recruit course in Haryana Police Academy, Madhuban suffered pain in leg and was taken to hospital for treatment on 20.09.2006. On 21.09.2006, at the time of physical attendance was found absent and on the basis of enquiry conducted, dismissed from service. He availed statutory remedies against the impugned order and petition (Annexure P-7) is stated to be pending but no hearing has been afforded, thus, rendered violation of principles of natural justice.

Without going into the merits and demerits of the claim of the petitioner, I deem it appropriate to direct respondent No.1-Chief Secretary & Financial Commissioner, Department of Home, Haryana Civil

CWP No.29985 of 2018 (O&M) -2Secretariat, Sector 1, Chandigarh to consider petition dated 21.06.2016 (Annexure P-7) within a period of three weeks from the date of receipt of certified copy of this order and shall pass a speaking order thereon, failing which respondent No.1 shall be liable to pay costs of `25,000/- to the petitioner. This condition of imposing costs is only to prevent petitioner to run from pillar to post and avail remedy of contempt in case of noncompliance of directions issued by this Court. The writ petition stands disposed of with the above direction. (AMIT RAWAL) JUDGE August 05, 2019 Pankaj* Whether speaking/reasoned Yes Whether reportable No