MALKHAN SINGH Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) The petitioner was appointed as P.T.I in the Mukand Lal National Senior Secondary School, Radaur, Distt. Yamunanagar on 25.6.2010 on probation for a period of one year. Such probation period was extended for a period of another year w.e.f. 25.6.2011. Apparently, in pursuance to certain disciplinary proceedings initiated against the petitioner recommendation for termination of the services of the petitioner dated 19.10.2011 were sent by the school to the Director, Secondary Education, State of Haryana in terms of order dated 6.7.2012 (Annexure P-12). The approval for termination of the services of the petitioner was granted with immediate effect in terms of the power exercised by the Director, Secondary Education, Haryana conferred under Section 8 sub clause (2) of the Haryana School Education Act, 1995. The petitioner preferred an appeal dated 9.8.2012 (Annexure P-13) before the Financial Commissioner-cum-Principal Secretary, Department of Education, State of Haryana.

(2.) Learned counsel for the petitioner asserts that along with such appeal dated 9.8.2012 a separate application seeking interim directions for staying the operation of the order of termination of the services of the petitioner was also filed. Counsel confines his prayer in the present writ petition only as regards directions to be issued to respondent no.1 for deciding the statutory appeal dated 9.8.2012 (Annexure P-13) which already stands filed.

(3.) In the light of the fact that the extreme penalty of termination has been imposed upon the petitioner, I deem it appropriate to dispose of the present writ petition in terms of issuing directions to respondent no.1 to take a final decision on the statutory appeal filed by the petitioner within a period of four months from the date of receipt of a certified copy of this order. It is clarified that nothing contained in this order shall be construed as an observation as regards the merits of the controversy. Petition disposed of.