Parveen Kumar v. Uttar Haryana Bijli Vitran Nigam Ltd And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-34144-2025 (O&M) Date of decision: 01.12.2025 Parveen Kumar ....Petitioner

Versus

Uttar Haryana Bijli Vitran Nigam Limited and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Mohnish Sharma, Advocate for the petitioner.

Mr. Piyush Khanna, Addl. A.G., Haryana for respondent No.1.

Mr. Vikrant Pamboo, Advocate for respondents No.2 to 8.

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing/setting-aside the impugned show cause notices dated 23.05.2025 (Annexure P-1) and 09.06.2025 (Annexure P-2) issued by respondents No.7 and 4. Further prayer has been made to stay the operation of impugned show cause notices dated 23.05.2025 (Annexure P-1) and 09.06.2025 (Annexure P-2) during the pendency of the writ petition.

2.

Learned counsel for the petitioner, inter alia, contends that the petitioner was appointed as Assistant Lineman in 2017 and his

services was later put under the disposal of Haryana Kaushal Rozgar Nigam Limited (HKRNL), which has been established with a mandate to work as a government approved agency for the purpose of deployment of contractual manpower to the indenting organizations under the control of Haryana Government and private establishments. The working of HKRNL is governed by the provisions of Deployment of Contractual Persons Policy, 2022 dated 30.06.2022 and its amendments dated 26.10.2023 and 13.05.2025. Further, clause 5.8 of the Deployment of Contractual Persons Policy, 2022 dated 30.06.2022, deals with the performance and monitoring of contractual manpower and a detailed mechanism has been provided in case of negligence or misconduct reported by the indenting organization or immediate employer to HKRNL through web portal.

In such case, the HKRNL is empowered to take action, including removal of the deployed person after issuing a show cause notice and after considering the reply and personal hearing, the duly constituted committee shall examine all records, evidence and statements and only thereafter, a final decision would be taken. Based on alleged false complaints, the respondents/UHBVNL issued two show-cause notices proposing his termination. The impugned notices were issued without supplying the inquiry report or the supporting material and the second notice was issued while the reply to the first was pending.

own internal memo dated 22.08.2024, which governs the termination process for HKRNL deployed personnel.

3.

Per contra, learned State counsel has filed affidavit of Dr. Anuradha Lamba, General Manager (Legal), for Chief Executive Officer, Haryana Kaushal Rozgar Nigam Limited, Haryana, Panchkula, which is taken on record. He as well as learned counsel for respondents No.2 to 8, submit that the petitioner has not impleaded HKRNL as a party and a detailed mechanism has been provided in the Policy dated 30.06.2022 under Clause 5.8 of the Policy. In compliance thereof, the drill of procedure prescribed would be followed and an appropriate order would be passed after issuing a show-cause notice and providing personal hearing to the petitioner.

4.

I have heard learned counsel for the parties and perused the record with their able assistance.

5.

From the perusal of the record, it is evident that the impugned show-cause notices dated 23.05.2025 (Annexure P-1) and 09.06.2025 (Annexure P-2) have been issued without following the procedure mandated under Clause 5.8 of the Deployment of Contractual Persons Policy, 2022, and in violation of the petitioner's right to be heard. The notices also fail to provide the inquiry report or the supporting material upon which the allegations are based. The issuance of the second notice while the reply to the first notice was still pending further reflects a mechanical and predetermined approach. Accordingly, the writ petition is allowed. The impugned show-cause notices dated

23.05.2025 (Annexure P-1) and 09.06.2025 (Annexure P-2) are setaside and the respondents are directed to follow the drill/procedure strictly as prescribed under Clause 5.8 of the Deployment of Contractual Persons Policy, 2022, if any action is required to be taken against the petitioner.

(HARPREET SINGH BRAR) JUDGE 01.12.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No