Tarun Sharma v. State Of Punjab And ORS

In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No. 22298 of 2020 Date of Decision: 23.12.2020 Tarun Sharma ... Petitioner(s)

Versus

State of Punjab and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Kapil Kakkar, Advocate for the petitioner(s).

Ms. Anju Sharma Kaushik, Deputy Advocate General, Punjab for the respondents.

Anil Kshetarpal, J.

On 22.12.2020, the following order was passed:- "Inter alia, learned counsel for the petitioner contends that the appointment of the petitioner as Senior Laboratory Attendant has been cancelled and he has been posted as Peon-cum-Chowkidar without issuing any show cause notice or grant of opportunity of hearing.

Ms. Anju Sharma Kaushik, DAG, Punjab prays for some time to get complete instructions and assist this Court. Adjourned to 23.12.2020".

Ms. Anju Sharma Kaushik, Deputy Advocate General, Punjab, does not dispute that the Secretary, School Education, Punjab, did not grant any opportunity of hearing to the petitioner. She further admits that even no explanation of the petitioner was sought.

In view of the above, the order passed on 10.12.2020 DEEPAK KUMAR BHARDWAJ 2021.01.04 12:22 I attest to the accuracy and integrity of this document (Annexure P7), is in violation of the principles of natural justice.

Civil Writ Petition No. 22298 of 2020 Consequently, without going into the other aspects of the matter, the writ petition is allowed and the order dated 10.12.2020 (Annexure P7), is set aside. The Secretary, School Education, Punjab, shall be at liberty to pass a fresh order after following the principles of natural justice.

(Anil Kshetarpal) Judge December 23, 2020 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2021.01.04 12:22 I attest to the accuracy and integrity of this document