SMT. KAMLESH KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Learned counsel for the petitioner has prayed for issuing of a writ in the nature of mandamus to set aside the order dated November 4, 2000 (Annexure P -10) passed by the Managing Director, the Meham Co -operative Sugar Mills Ltd., Meham District Rohtak (respondent No. 2) (hereinafter referred to as "the Sugar Mill").

(2.) The petitioner has averred that the management and control of the Sugar Mill is through its Managing Director, who is a H.C.S. officer of the Government of Haryana. The petitioner has averred that she was ap - pointed as a Cook on a class IV post in the pay scale of Rs. 1050 -1600 vide order dated February 11, 1993. The appointment order is annexed with the writ petition as Annexure P -1. The petitioner states that her services are governed by the Haryana Co -operative Department Head Office and Sub -offices (Group -D) Service Rules 1991. She had completed more than 6 years of service in July, 2000. After completion of 6 years of service, she requested the management to promote her to the post of Clerk as she belongs to Scheduled Caste category and has passed B.A. (Part II) examination and as such is eligible to be promoted as a Clerk as per the reservation policy of the Government of Haryana. A copy of the certificate of examination of B.A. (Part -II) and a copy of the certificate that she belongs to reserved category are attached with the writ petition as Annexures P -2 and P -3. The petitioner was denied promotion to the post of Clerk and thus, she filed a Civil Writ Petition No. 9099 of 2000 in this court. The following orders were passed in the said writ petition :

(3.) In the writ petition No. 9099 of 2000 the Managing Director of the Sugar Mill (respondent No. 2) was directed to pass a speaking order on the representation of the petitioner. A certified copy of the order passed in the above said writ petition was delivered on July 31, 2000 in the office of Managing Director (respondent No. 2). But instead of passing a speaking order, the said respondent No. 2 requested the Registrar of this Court as well as the petitioner to submit copies of the representation dated January 27, 2000 ana February 23, 2000 which were attached with Civil Writ Petition No. 9099 of 2000 as Annexures P -2 and P -7. The petitioner, on receiving copy of the letter, submitted copies of the representations on August 30, 2000, a copy of which is annexed with the writ petition as Annexure P -6. The Managing Director of the Sugar Mill (respondent No. 2) instead of deciding the representations issued show cause notice to the petitioner on September 12, 2000 slating therein that the experience certificate submitted by her in 1993 at the time of her initial appointment was found to be false. A copy of the show cause notice is attached With the writ petition as An - nexure P -7. The petitioner replied to the show cause notice on September 15, 2000 mentioning therein that the experience certificate issued by Jangir Hotel is absolutely correct and a genuine one and further stating that the verification made by the management is from a hotel where the petitioner never worked. She rather had worked with Shri Jangir at his house. This certificate also showed that she had worked at the residence of the owner of Jangir Hotel, i.e., Shri Jangir himself. She further averred that the verification made by the officials of Sugar Mill was totally wrong and made from wrong quarters. Copies of the reply and the experience certificate are attached with the writ petition as Annexures P -8 and P -9. Another letter dated September 27, 2000 was received from respondent No. 2 in which the petitioner was informed that she should appear in person before the Managing Director as the explanation submitted by her to the show cause notice was not satisfactory. The petitioner appeared before the Managing Director on November 2, 2000 and again submitted a reply wherein it had been reiterated that the verification done by the office of the Managing Director was wrong and they had, instead of enquiring from Shri Jangir," the owner of Jangir Hotel, opposite Old Bus Stand, Hansi, rather enquired about her from Jangir Meat Corner Amrtisaria, Mochian Wali Gali. Again she reiterated that she had worked at the residence of one Jangir, who was running a hotel in the name of Jangir Hotel near Old Bus Stand Hansi. Further she stated that this hotel has now been closed and that in its place, a shop in the name of "Ram Kishan and Sons" is in existence. The experience certificate was issued under the signatures of Jangira and this certificate is original and signed by the owner of the Jangir Hotel. The petitioner received another letter dated November 4, 2000 from the office of respondent No. 2 whereby it was Intimated that the petitioner's service has been terminated, as she failed to establish the genuineness of the experience certificate. The termination letter dated November 4, 2000 is attached with the writ petition as Annexure P -10. It is this order which is under challenge.