Jugal Kishor v. State Of Haryana Through The Financial Commissioner And Principal Secretary And Others
CWP-39246-2025 [P a g e 1] Sr. No.126
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CWP-39246-2025 (O&M) Date of decision: 14th January, 2026 Jugal Kishor
...Petitioner
versus State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present:
Mr.Ashok K.Sharma (Bhana), Advocate for the petitioner.
Ms.Tanushree Gupta, Senior Deputy Advocate General, Haryana.
TRIBHUVAN DAHIYA, J. (ORAL) The petition has been filed inter-alia seeking a writ of certiorari quashing the order dated 25.07.2014, Annexure P-3, whereby the petitioner has been terminated from service as Sweeper-cum-peon; as also, the order dated 14.08.2025, Annexure P-6, whereby his representation seeking reinstatement in service has been rejected.
Learned counsel for the petitioner contended that on account of being seriously ill, the petitioner could not join his duties and remained absent from 01.08.2012 to 15.03.2013. On this account, he could not appear before the inquiry officer as well. Considering the petitioner's absence from
CWP-39246-2025 [P a g e 2] duty due to ill-health and taking sympathetic view, he should be permitted to re-join duties.
3.
Learned State counsel, however, points out that the petitioner deliberately remained absent from duty from 01.08.2012 to 15.03.2013 without any intimation, and was issued a chargesheet on account of willful absence. He failed to submit response to the chargesheet and did not join the disciplinary proceedings either, despite the notices sent by the inquiry officer having been duly served on him. In these circumstances, agreeing with the findings of the inquiry officer proving the charges against the petitioner, the disciplinary authority terminated him from service. These facts find mention in the impugned order itself, which reads as under: 1.
That he remained absent from school for a constant period from 1.8.2012 till date (15.3.2013) without giving any intimation.
That he has violated the orders passed by his Senior Officers.
3.
He has committed negligence towards his duty. Sh.Jugal Kishor, Sweeper-cum-Peon, Govt. Senior Secondary School, Kandela, District Jind was charged under Rule 7 of Haryana Civil Services (Punishment & Appeal) Regulation, 1987 vide this school letter No.2013/27 dated 18.5.2013. He was given a period of 15 days for submission of written explanation and representation, if any, but he has not submitted any explanation/ representation, nor has appeared in person for putting his version.
CWP-39246-2025 [P a g e 3] Sh.Subhash Chander, Head Master Govt. Senior Secondary School Kandela, District Jind was appointed at Jind, Inquiry Officer vide this school order No.2013/66 dated 20.6.2013 for conducting enquiry into charges levelled against him. The Inquiry Officer served upon him a notice on 22.6.2013 for putting his version within a period of 15 days but he did not come present for putting his version, nor submitted any written explanation/representation.
The Inquiry Officer awarded him another opportunity on 9.7.2013 and issued him a notice for putting his version by 13.08.2013, but this time again, he did not come present for putting his version, not submitted any written explanation/ representation.
Then the Inquiry Officer awarded him final opportunity on 3.9.2013 and issued him a notice for putting his version by 11.9.2013 but this time again, he did not submit any written explanation/ representation, nor come present for putting his version.
The Inquiry Officer submitted his enquiry report on 5.12.2013 in which the following charges are levelled on said Sh.Jugal Kishor Sweeper-cum-Peon.
1.
That he is constantly running absent from school since 1.8.2012 till 16.3.2013 (i.e. till date). The said charges found correct on going through the attendance register.
He has violated the orders for coming present in the school, issued vide order No.405 dated 10.08.2012, No.6207 dated 11.9.2012 and dated 23.9.2012 and even did not come present on having served three notices by the Inquiry Officer. Hence, the charges levelled on him that
CWP-39246-2025 [P a g e 4] he violated the order passed by his Officers, is found to be correct.
3.
There is charge upon him that he has committed negligence towards his duty. Sh.Jugal Kishor is running absent from duty since 1.8.2012 till date without giving any intimation, hence, he has committed negligence towards his duty and the said charge is found to be correct. Learned counsel for the petitioner is not in a position to dispute these facts, and only seeks sympathetic consideration of his case. 4.
Submissions made by learned counsel for the parties have been considered.
5.
As apparent on record, the impugned order of termination, dated 25.07.2014, has been passed following due procedure laid down in the Rules and in compliance with the Principles of Natural Justice. Due opportunity to defend himself was afforded to the petitioner which he failed to avail without any justifiable reason. Otherwise, no illegality or irregularity could be pointed out in the impugned order. 6.
Accordingly, there is no ground to entertain the petition and it stands dismissed in limine.
( TRIBHUVAN DAHIYA ) JUDGE 14th January, 2026 gian Whether speaking/reasoned :
Yes Whether reportable :
Yes/Nos