SUBHASH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court impugning the order of termination of his services dated 22.9.2010 (Annexure P-15) passed by respondent No.4, which according to the petitioner, has been passed without following the Statutory Rules and is against the order passed by the Division Bench of this Court in titled as Subhash Chander Vs. State of Haryana and others, CWP No.5399 of 2008 decided on 12.5.2008 (Annexure P-8).

(2.) Counsel for the petitioner contends that the respondents, in pursuance to the order passed by this Court in CWP No.5399 of 2008, issued a charge-sheet dated 12.11.2009 (Annexure P-13) to the petitioner, to which he had filed a detailed reply on 17.1.2009 (Annexure P-14). Thereafter, no departmental enquiry has been held against the petitioner and the respondents have straightway proceeded to pass order of termination dated 22.9.2010 (Annexure P-15) which, the counsel contends, is in violation of the Statutory Rules governing the service.

(3.) Counsel for the respondents made a submission that the termination order of the petitioner has been passed in accordance with the Statutory Rules but has failed to point out any of the pleadings or produce any of the records which would even suggest that after the issuance of the show cause notice and the reply submitted by the petitioner, any enquiry proceedings were held against the petitioner.