SUSHIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction calling for the records of the case and after the perusal of the same issue a writ in the nature of CERTIORARI for quashing/setting aside the impugned show-cause-notice dtd. 16/1/2024 (Annexure P-3) issued by respondent No.5 for termination of service of the petitioner without even supplying him report of inquiry conducted by respondent No.7.

(2.) Learned counsel for the petitioner submitted that the respondents conducted some vigilance inquiry of their own and found that some of the employees, who were not having the qualification from the recognized universities, were to be terminated from service and in this regard, a show-cause notice was given to the petitioner vide Annexure P-3 dtd. 16/1/2024 which was also served upon the petitioner on the same date, but only seven days' time was given to the petitioner for filing the reply and that too even without supplying vigilance report etc. and therefore, the action of the respondents was totally arbitrary since the time period of seven days was absolutely arbitrary and harsh in nature and especially when the inquiry/vigilance report which was sought to be relied upon by the respondents was never given to the petitioner and therefore, the petitioner could not have replied to the show-cause notice within time. He further submitted that at this stage, the petitioner will be satisfied in case some directions be issued to the respondents to give reasonable time to the petitioner for filing reply to the show-cause notice .

(3.) Notice of motion to respondent Nos.1 to 6 only at this stage.