SURAJ MAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner was employed as a Driver with the Haryana Roadways on July 15, 1988. On March 30, 1990, a notice was issued to the petitioner alleging that he had produced a bogus driving licence at the time of submitting the application for appointment as a driver. The petitioner submitted his reply. Vide order dated June 12,1990, the General Manager, Haryana Roadways, Bhiwani found his explanation to be unsatisfactory and ordered the termination of his services. The petitioner filed an appeal. It was dismissed vide order dated Aug. 14, 1992. It is in this situation that the petitioner has approached this Court through the present writ petition.

(2.) In response to the notice of motion issued by this Court, a written statement has been filed on behalf of the respondents.

(3.) Counsel for the parties have been heard. We have perused the record. A perusal of the reply to the show cause notice submitted by the petitioner indicates that he had been initially issued a driving licence by the competent authority at Solan, but subsequently, he had obtained a licence from the Delhi Licencing Authority. In this situation, a direction had been given by this Court on Sept. 6,1994, by which the respondents were asked to "verify as to whether the petitioner had a valid driving licence from Delhi authorities." It was further directed that the petitioner would deposit an amount of Rs. 1,000.00 as expenses. In pursuance to the directions given by the Bench, the respondents have verified the factual position. Mr. Arun Nehra, learned counsel for the respondents, has stated before us that a driving licence had been initially issued to the petitioner on April 10, 1979. The driving licence now possessed by him was valid upto April 22, 1996. It is, thus, clear that a driving licence had been issued to the petitioner by the Licencing Authority, Delhi in the year 1979 and it is valid upto April, 19%. In this situation, it does not appear to be fair to say that the petitioner did not have a valid driving licence at the time of his employment on July 15,1988 or on the date of the passing of the order of termination, viz. June 13,1990.