Hoshiyar Singh v. State Of Haryana And Others

CM-1771-CWP of 2022 in/and CWP No. 23643 of 2021 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CM-1771-CWP of 2022 in/and CWP No. 23643 of 2021 (O&M) Date of Decision:17.02.2022 Hoshiyar Singh ......Petitioner

Versus

State of Haryana and others ...... Respondents CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr.Mahavir Singh, Advocate for the petitioner.

Mr. Kiran Pal Singh, AAG., Haryana.

***** LISA GILL, J(Oral).

This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19. CM-1771-CWP of 2022.

Annexures P-21 to P-24, are taken on record subject to just exceptions.

Application is accordingly disposed of.

CWP No. 23643 of 2021 (O&M).

Prayer in this writ petition is for setting aside order dated 02.11.2021, Annexure P-15, whereby petitioner has been suspended from service with immediate effect. It is observed in the abovesaid order that during the period of suspension, petitioner will be entitled to subsistence allowance as per Haryana Civil Services Rules, 2016. It is further stated that during the period of suspension, the petitioner's headquarter will be at the office of the Directorate of Elementary Education, Panchkula.

CM-1771-CWP of 2022 in/and CWP No. 23643 of 2021 (O&M) Copy of written statement filed on behalf of respondents no.1 and 3 along with Annexure R-1, has been circulated on the whatsapp group created for the purpose of video conferencing. Print out of the same be taken and attached with the file.

Learned counsel for the respondent-State points out that vide order dated 04.01.2022, Annexure R-1, petitioner has been reinstated without prejudice to the disciplinary action pending against him and also without prejudice to the decision to be taken regarding the period for which he remained under suspension.

In view of order dated 04.01.2022, Annexure R-1, it is submitted that this writ petition is rendered infructuous. Learned counsel for the petitioner, however, submits that the petitioner has been arbitrarily and in an unjust manner, allotted and posted at Government Senior Secondary School, Damla (178), District Yamuna Nagar on his reinstatement, whereas he was earlier posted at District Sonipat. Be that as it may, the same is not within the scope of adjudication of this writ petition, which is indeed rendered infructuous with the passing of order dated 04.01.2022, Annexure P-1 and is disposed of accordingly. Needless to say, petitioner is at liberty to pursue his representation stated to have been submitted by him before the Director Elementary Education Officer, Haryana for change of allotted station to Sonipat in accordance with law.

[LISA GILL] 17.02.2022 Judge s.khan Whether speaking/reasoned :

Yes/No.

Whether reportable :

Yes/No.