JOGINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners are seeking directions for quashing of the order dated 27.9.2013 (Annexure P-11) by which the services of the petitioners have been terminated.

(2.) The respondent-Transport Department, Haryana (hereinafter referred to as 'the respondent-Department') advertised the posts of drivers on contract basis on 8.4.2003 and thereafter the road test, written test and interviews were held for the aforesaid posts from 15.5.2003 to 20.5.2003 and the petitioners were selected on the post of the drivers and thereafter one merit list as well as seniority list (Annexure P-4) was prepared by the respondent Department. In the said merit list, the petitioners have been shown at Sr. No. 30, 29, 31, 32, 37 and 28 respectively. The petitioners were appointed in the respondent-department on the post of Driver on contract basis on 16.7.2008 and appointment letters were issued by the respondent-Department in which the petitioners were appointed on the contract basis on the consolidated amount of Rs. 3000/-. Annexure P-6, copy of appointment letter of one of the petitioners has been annexed with the petition. Thereafter the transport Department advertised 48 posts of Drivers of General Category in the year 2008 in Sonepat Depot. In the year 2011 again 31 posts of Drivers of General Category were advertised in Sonepat Depot. Since the petitioners were already in the employment, the petitioners did not apply for the said posts. Thereafter, 121 posts of Drivers of General Category were again advertised whose process of selection was going on at the time of filing of the writ petition.

(3.) The petitioners, thereafter, were issued a show cause notice. Show cause notice issued to one of the petitioners to this effect is annexed with the petition as Annexure P-8. The services of the petitioners were terminated vide order dated 27.9.2013 (Annexure P-11). In the order dated 27.9.2013 (Annexure P-11), it has been observed that the Director General, State Transport, Haryana got an enquiry conducted through Joint Transport Commissioner-I, Haryana Chandigarh. The enquiry officer after summoning the concerned officials of this depot along with official record submitted his findings to Director General, State Transport, Haryana vide report dated 20.4.2012. The Director General, State Transport, Haryana while accepting the findings of enquiry report directed that the candidates appointed against reserved category posts may be removed being illegal appointees as suggested in enquiry report after following the due process of law. Thereafter show cause notices were issued to the said drivers who filed CWP No.25703 of 2012 and CWP No. 317 of 2013 which was disposed of by this Court on 23.8.2013 giving directions to the respondents to examine the case of each of the petitioners on merits after affording effective opportunity of hearing to the petitioners and pass final orders.