RAJINDER SINGH Vs. PUNJAB AND HARYANA HIGH COURT

JUDGEMENT

(1.) The petitioner has questioned the validity of the order dated 30.7.2013 and order dated 3.1.2014 (Annexures P-1 and P-5 respectively).

(2.) The petitioner was appointed as a peon in the office of District and Sessions Court, Palwal. His services were drafted to the office of Civil Judge (Jr. Division), Palwal, headed by Ms. Neetu Nagar. On 30.7.2013, she has submitted complaint against the petitioner stating that his work and conduct is not good. The District and Sessions Judge after receipt of the complaint by Civil Judge (Jr. Division) Palwal against the petitioner on 30.7.2013 dispensed the services of the petitioner on the very same day. Thus, the petitioner is aggrieved by the order of District and Sessions Judge, Palwal dated 30.7.2013. The petitioner preferred an appeal before the Appellate Authority i.e. Registrar of Punjab and Haryana High Court, Chandigarh. The Registrar rejected the appeal of the petitioner being not maintainable. Thus, the petitioner has assailed the order of the District and Sessions Judge so also rejection of his appeal by the Hon'ble Punjab and Haryana High Court, Chandigarh.

(3.) Learned counsel for the petitioner submitted that services of the petitioner have been dispensed with without hearing him. He being on probation, the order of termination/dispensing the service do not reveal a word that the work of the petitioner is unsatisfactory. Therefore, his services have been terminated/discharged/dispensed with. Thus, it is not a speaking order. Consequently, the same is liable to be set aside. Further it was contended by the learned counsel for the petitioner that rejection of his appeal by the Hon'ble Punjab and Haryana High Court at the behest of Registrar General that the appeal is not maintainable is incorrect for the reasons that under Section 14 of the Haryana Subordinate Courts Establishment (Recruitment and General Conditions of Services), Rules 1997 (for short "1997 Rules"), the appeal is maintainable.